Domestic Violence Defense Law in Washington
Domestic violence charges can be tricky because they arise in a number of circumstances. Domestic violence is not simply violence between spouses. It is legally defined as:
(a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; (b) sexual assault of one family or household member by another; or (c) stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member.
A family or household member is defined in RCW 26.50.010 and includes:
spouses, domestic partners, former spouses, former domestic partners, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.
Seattle Domestic Violence Charges
Domestic violence charges are made of many other criminal charges. If the charges involve 2 people who share an intimate relationship such as husband and wife, parent and child or boyfriend and girlfriend, crimes between them will be labeled as domestic violence. Assault charges are most commonly thought of as domestic violence but a DV tag can be added to many other charges. According to RCW 10.99.020, section 5, any of the following crimes can fall under the category of domestic violence:
- Felony or misdemeanor assault
- Drive-by shooting
- Reckless endangerment
- Coercion
- Burglary
- Criminal trespass
- Malicious mischief
- Kidnapping
- Unlawful imprisonment
- Violation of the provisions of a restraining or no-contact order
- Rape
- Stalking
- Interference with the reporting of domestic violence
Seattle Domestic Violence Penalties
A domestic violence charge can lead to serious consequences like jail time and steep fees. Most domestic violence charges are either gross misdemeanors or felonies.
A gross misdemeanor can result in the following penalties:
- No jail time to one year of incarceration
- A fine of up to $5,000
A felony can be charged as one of three classes depending on its severity. Class A felonies are the most serious and class C, while still serious, are sentenced the lightest. Felonies result in the following penalties:
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Class A felony: ·
- Up to life in prison ·
- A fine of up to $50,000
- Up to life in prison ·
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Class B felony:
- Up to 10 years of incarceration
- A fine of up to $20,000
- Up to 10 years of incarceration
-
Class C felony:
- Up to 5 years of incarceration
- A fine of up to $10,000
- Up to 5 years of incarceration
A domestic violence conviction can also lead to additional penalties like probation, counseling and more. Your sentence will depend on the judge's opinion and they will take into consideration your criminal record, the facts of the case and the recommendation of the prosecution. You may also be served with a restraining or no-contact order as well which can lead to a felony charge if violated. Plus, a domestic violence conviction on your record can be used against you in divorce and custody hearings. These are all just sentencing guidelines, there is no way to know for sure what your actual sentence will be until you are convicted. If you want to learn more about what possible consequences you face, contact our office right away.
Seattle Domestic Violence Attorney
A domestic violence charge should never be taken lightly; at we want you to know that a Seattle domestic violence defense attorney can help you no matter what the charges are. Whether it is a misdemeanor or a felony, we can help you fight the charges and protect your future. A criminal domestic violence conviction will appear on your criminal background for the rest of your life. It can affect your chances at jobs, educational institutions and even bank loans. Domestic violence charges can even be used against you during child custody hearings.
Attorney Steve Karimi is a dedicated lawyer who will work hard for you. He has a proven track record of success and will stop at nothing to build your defense. He understands the impact a domestic violence conviction can have on people's lives and works to get your charges dismissed or a ‘not guilty' verdict. He is a former prosecutor and uses his legal insight to build strong defense strategies for his clients. Even if you think the evidence against you is overwhelming, call our office now. We will go over your case very carefully and identify any areas of weakness in the prosecution's evidence. If you have been arrested for domestic violence in Washington State, call the attorney Karimi today.