Definitions and Defenses to Washington Domestic Violence Charges

Many crimes can be designated as crimes of domestic violence. The term "domestic violence" does not itself refer to a crime. Instead, many crimes that are commited by one "family or household member" against another are designated as crimes of domestic violence. If a crime is designated a crime of domestic violence the consequences for conviction are generally more severe, often including the loss of the right to possess firearms.

If you are chared with domestic violence I will fight to save your record, your rights and your freedom. Below you will find definitions of the most common domestic violence charges along with some of the defenses that may apply to you. After looking this material over feel free to contact me for a free consultation on your matter.

Common Washington Domestic Violence Crimes

Assault 4
This crime is committed when the accused intentionally makes any unwanted contact with the victim. A push, shove, punch, or kick is enough. Spitting, slapping, or hair pulling is enough. Throwing an object at the victim is enough. If a weapon is used or if serious injury results a higher level of assault may be charged. Assault 4 is punishable by up to one year in jail and a $5000 fine. Assault 1, Assault 2, and Assault 3 are felonies.

Possible Defenses
Assault charges have the most number of factual defenses. Often the best defense is the defense that "I did not do it." The prosecutor must prove that you assaulted the victim beyond a reasonable doubt. This can be difficult. Another common defense is self-defense. If you are found not-guilty by a jury due to self-defense, you may be able to recover the entire cost of your defense including attorney fees and time off work. If you are charged with assault you need to see me at once. I know how to best defend this charge. I need to interview you and hopefully the alleged victim as soon as possible. With early intervention we may be able to avoid a no-contact order being issued against you.

Malicious Mischief
This crime is committed when the accused knowingly and maliciously destroys the property of another. Most malicious mischief crimes are punishable by up to one year in jail and a $5000 fine.

Possible Defenses
It is not a crime to destroy your own property. If you are married, however, all of your property is presumed to be community property and therefore destroying it in anger is illegal. Contrarily, if the damaged property was yours before the marriage we can argue that the statute does not apply. A common mistake by the police is assuming that a couple is married when in fact they are not. If you are not legally married to the victim we may be able to assert that you alone owned the property in question. Other possible defenses include accident, prior damage, and lack of damage. There are more hidden defenses with this charge than any other. I can best help you with your case if you contact me as soon as possible so that we can gather the necessary evidence to assert these and other defenses as early as possible in your case.


Violation of Protection Orders and Violation of No-Contact Orders
This crime is committed when the accused violates the terms of a served order for protection or a served no-contact order. A "protection order" is an order that the protected party petitioned for on their own. A "no-contact" order is an order that is issued by a court as part of another criminal proceeding. Violation of either of these types of orders is punishable by up to one year in jail and a $5000 fine. A third violation of a protection order is punishable as a felony.

Possible Defenses
If you had no knowledge of the order, then there can be no violation of the order. It is not a defense that the victim contacted you or invited you over. We can argue that as a mitigating factor, however. Most order defenses are highly factual. To have the best chance you should contact me as soon as possible so we can explore your defenses and what the prosecutor is likely able to prove.

Harassment
This crime is committed when the accused threatens to harm the victim and the victim reasonably fears that the threat will be carried out. Harassment is punishable by up to one year in jail and a $5000 fine. A threat to kill or a repeat offense is punishable as a felony.

Possible Defenses
Comments can be interpreted in many ways. One person may take a comment as a threat while another person may take that same comment as a boast. The prosecutor must prove that your comment was really a threat. The prosecutor must also prove that the victim reasonable feared that the threat would be carried out. This is often hard to do. If you are charged with harassment it is very important that you discuss your case with no one other than an attorney. The prosecutor will use what you say after the fact against you to argue that your comment was really a threat. Contact me as soon as possible so that your side of the story can be properly told.


Interfering with Reporting Domestic Violence
This crime involves the accused preventing the victim from calling the police after suffering a crime of domestic violence by the accused. This crime is punishable by up to one year in jail and a $5000 fine

Possible Defenses
If you did commite a crime of domestic violence against the victim then you can not have interfered with the victim reporting that crime. Similalry, if you did not know that the victim was calling the police, you are not guilty of this crime. This charge usually is charged along with another domestic violence charge. Often times defeating the underlying domestic violence charge will be enough to have this charge dismissed.