A Saint Lucie County man with significant criminal history, A.A, was accused by the mother of his child, of battery. She was pregnant at the time and as a result A.A. was charged with Aggravated Battery of a Pregnant Person second degree felony per Ch. 784.045, Fla. Stat. punishable by up to fifteen (15) years in the Department of Corrections.

Jonathan Jay Kirschner, Esq., & Associates with the assistance of investigator Neil Spector obtained the 911 call early in the case. The State of Florida, despite having an obligation to disclose 911 calls in what is known as the discovery process, often fails to provide 911 calls or allows them to be destroyed by failing to request the calls prior to their automated destruction. During the 911 call the woman denied being hit multiple times. Thankfully Jonathan Jay Kirschner, Esq., & Associates hired Neil Spector and obtained this call prior to any potential destruction.

The State of Florida refused to drop the charge even after being given the 911 call by Jonathan Jay Kirschner, Esq., & Associates. To expedite the process and reduce costs, given this evidence, A.A. and Jonathan Jay Kirschner, Esq., & Associates made the calculated decision to pursue a bench trial. A bench trial means that the Judge performs the function of the jury. He or she acts as jury and makes determinations of fact in addition to determinations of law.

During cross-examination of the woman Jonathan Jay Kirschner, Esq., & Associates was able to establish what the woman had said to the 911 operator. The woman claimed she misunderstood the questions by the 911 operator and Jonathan Jay Kirschner, Esq., & Associates was able to show how unreasonable this claim was.

In the end, the Judge found A.A. NOT GUILTY and in doing so, commented that he did not believe the woman’s claim. The questions were clear and her answers denying she was hit were clear.