A Saint Lucie County man, T.M., was charged with domestic battery, a first-degree misdemeanor per Ch. 784.03, Fla. Stat., and punishable by up to one (1) year in the county jail. A neighbor had called the police after hearing a disturbance.

When law enforcement arrived, the man’s girlfriend told the police that T.M. had gotten angry and began hitting her. T.M. explained that his girlfriend had begun hitting him during a verbal argument and he held her down to stop her. The girlfriend told the police she did not wish to take any action, however the police decided to believe the girlfriend’s version of events and arrest T.M. anyway.

T.M. immediately sought counsel and hired Jonathan Jay Kirschner, Esq., & Associates before the State of Florida made a decision of whether to file any charges. This proved crucial to the quick DISMISSAL of the case.

The girlfriend did not want to pursue charges and completed paperwork that Jonathan Jay Kirschner, Esq., & Associates was able to send to the State Attorney before charges were filed. This paperwork resulted in the charges against T.M. being dropped before the first court date.

It is important in battery cases, especially when the alleged victim does not want to pursue charges, to obtain an attorney as soon as possible. Often if an attorney can act quickly enough charges may never be filed.