My client is a combat veteran who was charged with Burglary, Assault with Deadly Force and Criminal Threats after he attacked a man he caught in the act of having an affair with his wife.

The Situation: My client was facing serious violent felony strike offenses after attacking a man who was having an affair with his wife.

My client was a decorated marine who had just returned from a tour of duty in Iraq.  He had experienced several combat situations and, upon return, been diagnosed with Post Traumatic Stress Disorder.  One night, he walked in on his wife and another man while they were in the act.  He had a psychotic breakdown, lost control of himself, and brutally attacked the man.  The man suffered serious injuries and was hospitalized.

My client was charged with several extremely serious violent felonies.  The consequences of conviction was state prison, a “strike” offense, and a felony criminal record.  My client previously had a top secret security clearance and was contemplating a career in government.  A felony record would have been devastating.

The Result: The case was reduced to a misdemeanor assault.

In preparation for trial, I had my client undergo a psychological evaluation by a forensic psychologist.  The evaluation revealed evidence that my client had a psychological breakdown due to PTSD and the stress of walking in on his wife.  The evaluation explained that people with PTSD can suffer blackout-type behavior when confronted with extremely stressful and shocking life experiences.

Given the information in this report, I convinced the prosecution and court to allow my client to plead to a single charge of assault (that was later reduced to a misdemeanor) and dismiss all the serious violent felony charges.  Today my client still has no felony record and was able to pursue a career in government service.

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