Mutual Combat

Jeff was retained by a 23-year-old client with two children. The client was charged with assault causing bodily injury to his 21-year-old wife. He was serving in the military and his wife did have injuries she sustained due to the domestic violence.

After an in-depth interview with the couple, Jeff determined that the dispute was mutual combat between them, even though they had never had a physical fight before this incident. Both the client and his wife regretted their actions and she did not have any fear or concern for her safety with her husband. Because of the defendant’s status in the military, he was removed from his home due to military procedures. The case had great possible implications for the defendant’s personal life as well as his professional life. If convicted, he would have been discharged from the military, possibly dishonorably, which would have been economically disastrous for the family. His entire life hung in the balance and the case outcome would affect his status as a husband, father and member of the armed services.

At the first court appearance, Jeff laid the groundwork with the prosecutor seeking to have the case dismissed based on the mutually combative nature of the case rather than the criminal behavior of a single individual. The prosecution requested an interview with the defendant’s wife and she complied. Jeff made it clear to the district attorney’s office that his client would not make a plea bargain to a reduced charge or any charge. He made it clear that if it was the prosecution’s decision not to dismiss the case, it would result in a jury trial where the prosecution had to prove the case beyond a reasonable doubt.

At the second court appearance, the state dismissed the case. The defendant has been reunited with his wife and children and he had no military status or employment consequences as a result of this case. In addition, because the case was dismissed, the defendant is eligible for an expunction of the case, which will remove any reference by any law enforcement agency of the arrest, clearing the client’s criminal record.