When someone is charged with domestic violence, it can result from false accusations, a distorted version of a dispute between partners or a one-time heat-of-the-moment mistake that ultimately involves law enforcement.
If you are charged or investigated for domestic violence, it’s crucial to contact an experienced San Diego defense attorney as soon as possible. One of the tools a knowledgeable lawyer has at their disposal is crafting a mitigation packet.
What is a mitigation packet?
This vital defense strategy is a proactive step putting a human face on the accused and telling their side of the story, including highlighting inaccuracies or false claims in the police report or efforts the defendant takes to make amends, such as anger management classes.
Gathering this information, which may disprove or mitigate the allegations, and presenting it to prosecutors can help avoid criminal charges or a trial, reduce the severity of potential penalties and potentially restore a person’s reputation.
Challenges to a domestic violence complaint
When arguments between spouses and domestic partners erupt into loud or violent altercations and police are called, it’s no longer up to the accuser to determine whether an arrest happens or charges are filed. However, an experienced defense attorney knows how to find exonerating evidence, such as:
- False accusations made by a jealous or vindictive partner
- An attempt to gain an advantage in a child custody dispute
- The defendant was protecting himself, others or pets from the accuser
- The accuser’s injuries resulted from an accident
- The accuser stands to gain financially or take control of the family home
- The altercation resulted from chronic abuse or cruelty by the accuser
- The accuser has a history of mental illness or substance abuse
The importance of an immediate and thorough defense
Working with a defense lawyer who used to prosecute domestic violence cases is advisable if you find yourself charged or investigated. A prompt and aggressive defense is the best way to counter these allegations and immediately build a mitigation packet. In many cases, this can lead to a dismissal of charges or reduced penalties.