EXCLUSIVE: Marcus Rashford's  brother Dane hires celebrity attorney Alex Spiro to fight misdemeanor battery charge after Miami arrest - as lawyer expects case to 'be dismissed'

The brother of UK soccer star Marcus Rashford has hired Elon Musk's American super lawyer to fight a misdemeanor battery charge, DailyMail.com can exclusively reveal.

Dane Rashford, 31, was arrested last month for allegedly striking his partner Andrea Pocrnja in the face during their Miami Beach vacation.

Facing up to a year in jail or 12 months probation, Rashford has retained attorney-to-the-stars Alex Spiro - who predicts the case will be dropped.

'The facts of this case are not as reported. I expect the case to be dismissed,' Spiro, a partner at Quinn Emanuel Urquhart & Sullivan, told DailyMail.com.

Spiro helped Musk quash a defamation lawsuit brought by a British diver he called 'pedo guy' on Twitter in 2018 and has made a name for himself representing the likes of Jay-Z, Megan Thee Stallion and Alec Baldwin.

He also helped New England Patriots owner Robert Kraft beat soliciting charges following a 2019 raid on a Florida massage parlor and has worked with Kim Kardashian on her campaign against wrongful convictions.

Rashford, a soccer agent, pleaded not guilty and was released on a $1,500 bond after the October 20 dust-up. He was also hit with a 'stay away order' which typically bars a suspect from contacting his victim.

A report in UK tabloid The Sun suggests he flew into a rage when he discovered Pocrnja had received text messages from another man, who is also a professional soccer player.

But sources close to the situation say the pair – who share a $1.5million home in northwest England and have a 14-month-old daughter – have set aside their differences and Pocrnja doesn't want the prosecution to move forward.

Rashford is back in the UK and doesn't anticipate having to fly back to face trial. 

'This was a private matter which is resolved and everyone has moved on from it,' the source explained.

The couple were staying at the Kimpton Angler's Hotel in Miami Beach where staff spotted a woman walking through the lobby with a bloodied nose in the early hours.

When officers from the Miami Beach Police Department arrived outside room 335 they heard a 'verbal altercation' between a male and female, whom they identified as Rashford and Pocrnja, according to their arrest report.

The report says the pair were travelling back from trendy Miami nightspot, E11even when the sibling of Manchester United and England star Marcus Rashford 'went through the victim's phone and found text messages from her and another male'.

'The arrestee stated that he pushed the victim while they were in the Uber,' the report states.

Pocrnja was lying on the bed crying and had 'visible injuries to her face', the complaint goes on.

'The victim stated that the arrestee struck her in the face twice with a closed fist. The arrestee then got out of the Uber and walked away with the victim's phone.

'Once the victim was inside their hotel room, the arrestee entered the hotel room and a verbal argument ensued in regard to the text messages he saw on her phone.

'The victim was on the phone with the front desk in an attempt to get the Wi-Fi password so that she could disable her phone that the arrestee had at the time.

'The arrestee assumed that the victim was calling the police and a physical altercation began, which she does not remember specifics of because she was intoxicated.'

The report says that Rashford's sister, Chantelle Maynard, was babysitting the couple's toddler and both her and the child were in the hotel room when the bust-up unfolded.

She witnessed her brother becoming irate, kicking a closet door and causing visible damage.

But 'the witness stated that she did not see the arrestee strike the victim at any point,' the complaint says.

Rashford was taken to jail at 3:30am while Pocrnja - who has been dating Rashford for four years and shares a home with him in Wilmslow, just outside Manchester - was taken to another hotel room because she felt 'unsafe.'

The complaint adds that her injuries were photographed by police and she was treated by a first responder. There is no mention of her being taken to the hospital.

A phone number listed on the arrest documents for Rashford, was out of service when DailyMail.com rang for comment.

He submitted a written plea of not guilty to battery misdemeanor and is due in court for an arraignment on November 27, a hearing that he can likely attend via Zoom.

Daysi Vega-Mendez, the assistant state prosecutor for Miami Dade County, told The (UK) Daily Telegraph that they weren't sure whether Dane was still in the United States.

'The case is still active, at the moment I haven't been able to get hold of the victim,' they said. 'Our office is trying to get hold of the UK Embassy because we need permission to speak to the victim.

'I am not sure whether they are still in the United States or if they have left the country. I understand they were on vacation. Technically once you are charged you are not supposed to leave the country. When a person is given a bond if they leave, they surrender that bond.'

Rashford grew up in the Wythenshawe area of Manchester with brothers Dwaine, Dane and sisters Chantelle and Claire. He also has a half-sister named Tamara.

The news of the arrest broke minutes after Manchester United's 4-3 loss to Copenhagen in the Champions League, in which Rashford was sent off in the first half.

The forward tried to shield the ball but caught an opponent with a high foot and was given a straight red card in the 42nd minute.