San Diego, CA criminal defense attorney Sharon Appelbaum talks about how a proactive legal strategy can mitigate potential charges. She states that the goal of a proactive legal strategy is to mitigate charges or ensure that allegations remain just that—allegations—without ever becoming a formal case. In most white-collar fraud matters, the alleged crime requires both an action and a specific mental state. If either element can be refuted—demonstrating that the action did not occur or that the client lacked the requisite intent—there is no crime.

In sexual misconduct cases, the focus is typically on the action itself. She emphasizes the importance of examining the surrounding circumstances: Did the action actually occur? If so, what factors were involved, and is further investigation needed to understand the full context? Establishing a clear strategy from the outset allows her and her team to navigate these questions effectively, ensuring that every case is approached with precision and a thorough understanding of the facts.