Interfering with Reporting Domestic Violence in Seattle
Interfering With Reporting Domestic Violence in Seattle
Washington law takes allegations of interfering with the reporting of domestic violence very seriously. Under RCW 9A.36.150, a person may be charged if two elements are met:
- A domestic violence crime was allegedly committed; and
- The accused prevented or attempted to prevent the victim or a witness from calling 911, contacting law enforcement, or seeking medical assistance.
Both elements must be proven beyond a reasonable doubt. If either element is missing, the charge cannot stand.
What Qualifies as a Domestic Violence Offense?
Under RCW 10.99.020, a domestic violence offense includes certain crimes committed between family or household members or individuals in a dating relationship. These may include:
- Assault (First through Fourth Degree)
- Drive-by Shooting
- Reckless Endangerment
- Coercion
- Burglary (First or Second Degree)
- Residential Burglary
- Criminal Trespass (First or Second Degree)
- Malicious Mischief (All Degrees)
- Kidnapping (First or Second Degree)
- Unlawful Imprisonment
- Stalking
- Violation of a Protection or No-Contact Order
- Rape (First or Second Degree)
If prosecutors allege that one of these crimes occurred within a qualifying relationship, they may also pursue an interfering with reporting charge if there was an attempt to stop the alleged victim from seeking help.
What Does “Preventing or Attempting to Prevent” Mean?
A person commits the offense if they prevent or attempt to prevent the victim or witness from calling 911, obtaining medical assistance, or reporting the crime to law enforcement.
The phrase “attempts to prevent” is important. The alleged victim does not have to be successfully stopped from making a call. Prosecutors only need to argue that some action was taken that could be interpreted as an attempt.
Examples may include:
- Taking a phone out of someone's hand
- Blocking a doorway
- Making threats to discourage contacting police
- Physically restraining someone from leaving
Because of this broad language, emotionally charged arguments can sometimes lead to additional charges beyond the original allegation.
Penalties for Interfering With Reporting
Interfering with reporting domestic violence is classified as a gross misdemeanor.
Potential Penalties Include:
- Up to 364 days in jail
- Fines up to $5,000
- Probation and court-ordered conditions
Importantly, this sentence is in addition to any penalties related to the underlying domestic violence charge.
Defenses to Interfering With Reporting Charges
These cases often hinge on whether a domestic violence crime actually occurred and whether there was intent to prevent someone from seeking aid.
Common defense strategies may include:
- Challenging whether a qualifying domestic violence offense occurred
- Disputing intent to interfere
- Questioning witness credibility
- Identifying inconsistencies in police reports
If no domestic violence crime occurred, the interfering charge cannot stand. Likewise, if there was no intent to prevent the alleged victim from seeking assistance, prosecutors may struggle to meet their burden of proof.
Experienced Seattle Defense Representation
Interfering with reporting charges often arise during chaotic and emotionally charged situations. These cases require careful legal analysis of intent, witness credibility, and the underlying domestic violence allegation.
Steve Karimi is a former King County prosecutor with more than 25 years of criminal law experience. He understands how these cases are charged and prosecuted and works to identify weaknesses in the state's evidence.
If you have been charged with interfering with reporting domestic violence in Seattle, contact The Law Offices of Steve Karimi for a confidential consultation available 24/7.