Woman Avoids Battery Charge After A Domestic DisputePublished: Aug 03, 2016 by Erika Valcarcel
When authorities are called to a domestic dispute, and due to a usually chaotic environment, authorities sometimes misunderstand the circumstances and law abiding citizens can find themselves being needlessly charged with crimes. When this happens, it is critical that you consult with a knowledgeable criminal defense attorney, who can help navigate the complex criminal process and work to set things right. Recently, a Sarasota woman’s disagreement with her boyfriend became heated and police were ultimately called. While the officers were on scene, the boyfriend attempted to quell any legal problems for his long-time girlfriend; however, the police determined that she should be arrested on battery charges. Since this charge is considered a first-degree misdemeanor, punishable by up to a year in jail, the woman and her boyfriend became very worried and decided to consult with a legal professional to go over their options.
This led the couple to Erika Valcarcel, Criminal Defense Lawyer, P.A., where attorney Erika Valcarcel met with them to discuss the situation. During their consultation, it became clear that the boyfriend did not want to pursue any criminal charges against his girlfriend and in fact, the police did not have the whole story regarding the incident. Therefore, in an effort to alleviate the woman’s legal worries, attorney Valcarcel prepared a waiver of prosecution form, which indicated that the situation was misinterpreted, the boyfriend was not in fear of the defendant, does not want to testify, and does not want to proceed with any criminal proceedings. Once this document was completed and notarized by the boyfriend, it was presented to the prosecution. After it was reviewed, the state attorney decided that the battery charge should not be filed. This gave the couple a great deal of comfort and because their immediate and proactive decision to retain an attorney, the two could move past this incident with little inconvenience and no lasting criminal consequences.
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.