Many lawyers only celebrate their “not guilty” verdicts. Similarly, many defendants believe the only way to win a criminal case is to hear those exact words. This type of thinking can set you up for failure, especially when guilt or innocence is not in question.
Three Ways to Defend Against Criminal Charges
When defending against a criminal accusation, there are generally three strategies:
- Factual Defense: “I didn’t do it.”
- Legal Defense: “It doesn’t matter if I did it, my rights were violated, and the evidence against me can’t be used.”
- Mitigation: “I know what I did, but I want to change and become a better person.”
In many cases, particularly those involving substance abuse, the third option – mitigation – is the most powerful.
What is Mitigation?
Mitigation in criminal Defense means showing the court and the prosecution that, despite committing the offense, the defendant is committed to turning their life around. Picture someone whose DUI led them to seek help from Alcoholics Anonymous, a person with a substance abuse disorder whose drug possession charge pushed them to finally get clean, or a shoplifter whose arrest inspired them to return to school. Mitigation is about using the criminal charges as a catalyst for positive change. A skilled criminal defense attorney can guide you through this process, helping you resolve your case favorably and setting you on the path to a better future.
What Does Success Through Mitigation Look Like?
Let’s talk about Luke (name changed), who came to us after years of battling substance abuse. At just 21, he was facing criminal charges for possession of a controlled substance following his second near-fatal overdose. Luke had already worked with Stone River Law on a DUI case, and this time, he found himself in the ICU, with doctors unsure if he would survive.
We explored all possible defenses—factual, and legal—but it was clear that mitigation was the best route. Luke committed himself to getting clean, and we collaborated with the court and prosecutor to reduce his charges to misdemeanors. He received a plea in abeyance, contingent on staying sober.
Luke was more than motivated; he was determined to transform his life. He didn’t just want to beat his addiction—he wanted to become a better person in every way. Today, Luke is almost unrecognizable—he’s fit, sober, and on his way to becoming a first responder. While he never heard a jury say “not guilty,” Luke undeniably won his case. His charges were dismissed, and he’s now training to save lives, just as his was saved.
The Goal [for criminal defense]: Don’t Need Us Twice
A great criminal defense attorney knows that the ultimate success isn’t just a “not guilty” verdict—it’s helping clients find the drive to change their lives for the better. When Luke faced his decision, we talked openly about his options. Yes, there were possible legal defenses, but we agreed that focusing on mitigation was the best way to ensure he never needed our services for criminal Defense again.
Today, when Luke contacts us, it’s to share good news—and we’re proud of that outcome.