Falcons linebacker Michael Boley waived his arraignment on a misdemeanor battery charge in Gwinnett County Court Tuesday, signaling his entrance of a not guilty plea, according to his attorney, Manny Arora.

The move sets in motion the government's decision to build, or not build, a case against Boley. He was arrested this summer after an alleged physical confrontation with his wife at their home.

By waiving arraignment, Boley did not have to appear in court. The fourth-year player participated in both the team's practices.