Sarasota Man Avoids Battery Charges After Domestic Violence ClaimsPublished: Aug 24, 2016 by Erika Valcarcel
Few situations are as emotionally charged or complicated as those involving claims of domestic violence and there are times when further investigation is necessary. In situations where the responding police officers cannot make a judgment regarding arrest, they can leave the decision to file criminal charges up to the prosecution; however, this can lead to lingering accusations and fear of imminent legal troubles. Some time ago, a man in his 40’s became embroiled in a family argument, where his brother’s significant other accused him with battery, which is a misdemeanor level offense. If convicted of battery, this could result in probation or up to a year in jail. In this particular scenario, the police passed the case off to the prosecutor, but when a timely decision wasn’t made, the man became anxious and reached out to the experienced Sarasota criminal defense attorneys with Erika Valcarcel, Criminal Defense Lawyer, P.A..
Attorney Erika Valcarcel took the man’s case and began an independent investigation that included collecting photographs and video evidence. Upon review, it became apparent that the version of events that the alleged victim conveyed to authorities was not possible. Attorney Valcarcel presented these findings to the prosecution and effectively argued that if the state moved forward with a battery charge, they assuredly could not prove guilt beyond a reasonable doubt. In light of this evidence, the prosecution agreed and declined to file charges against her client. The man was very pleased to expedite the outcome of this case, saving his criminal record and reputation from unnecessary harm.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.