Domestic Violence Offenses in Washington
Domestic violence offenses can include:
- Physical harm or bodily injury
- Actions that put the alleged victim in fear of immediate harm
- Abuse that includes intimidation, unreasonable confinement, or punishment
- Improper use of restraint
- Mental abuse, such as threats, isolation, or intimidation
- Sexual abuse
- Coercion
- Stalking
- Violation of a protection (no-contact) order
- Harassment
- Malicious mischief, such as intentionally damaging property
Penalties for Domestic Violence Charges
Penalties in a domestic violence case depend on the nature of the offense and your prior criminal history, if any. Charges can include misdemeanors, gross misdemeanors, or, in the most severe cases, felonies.
A first offense conviction can result in jail time, fines, and probation. Courts can also impose community service, anger management classes, or substance abuse counseling. No contact orders issued by the courts are standard in domestic violence cases.
Gross misdemeanors carry up to 364 days in jail and fines of up to $5,000. Offenses that are considered gross misdemeanors include fourth-degree assault, violation of a protection order, third-degree malicious mischief, and preventing a 911 call or report to police.
Felonies carry more substantial penalties, depending on the circumstances. Examples of domestic violence felonies include assault in the first, second, or third degree.
Challenges in Domestic Violence Cases
Domestic violence accusations can be filed against you based on little evidence except for the statement of the alleged victim. These allegations often occur during highly emotional and stressful situations, where the “facts” can be exaggerated, misleading, or false, resulting in “he said-she said” scenarios.
In some cases, accusers can be motivated by retaliation or manipulation during disputes, such as those arising in relationship breakdowns, divorce, or custody battles. Substance abuse and mental health issues can also lead to false accusations.
Common Defenses to Domestic Violence Charges
Defending against domestic violence charges often involves a strategic legal approach that addresses both the specifics of the incident and the broader context of the accused's relationship with the alleged victim. Here are some common defenses:
- Self-Defense: One of the most prevalent defenses is claiming that the accused acted in self-defense. This argument asserts that the accused used reasonable force to protect themselves from imminent harm. For this defense to be successful, it typically must be shown that the force used was proportional to the threat faced.
- False Accusations: In some cases, the accused might argue that the allegations are completely fabricated. This can be particularly relevant in contentious situations such as divorce or custody battles, where one party might falsely accuse the other to gain an advantage. Demonstrating inconsistencies in the alleged victim's statements or presenting evidence that contradicts their account can support this defense.
- Lack of Evidence: The prosecution must prove beyond a reasonable doubt that domestic violence occurred. If there is insufficient evidence to meet this standard, the defense can argue that the charges should be dismissed. This might involve challenging the credibility of witnesses, the reliability of physical evidence, or the validity of the prosecution's interpretation of events.
- Consent: In rare cases, the defense might argue that the alleged victim consented to the conduct that is now being described as domestic violence. This defense is typically applicable in situations involving mutual combat or consensual physical interactions that later get misconstrued.
- Accidental Injury: The defense might claim that any injuries sustained by the alleged victim were the result of an accident rather than intentional harm. This could involve presenting evidence that the injuries occurred during a non-violent incident or due to the alleged victim's own actions.
- Mental Health Issues: Sometimes, the defense may argue that the accused's mental health condition played a role in the incident. This could be used to mitigate the severity of the charges or to argue for alternative sentencing, such as mandatory treatment rather than incarceration.
Each of these defenses requires a careful and detailed examination of the facts surrounding the case. The effectiveness of a particular defense will depend on the specific circumstances, including the evidence available, the legal standards in the jurisdiction, and the overall strategy of the defense team. Have questions about your case? Contact our firm today to schedule an initial consultation with a member of our firm.
Contact Our Spokane DV Lawyers
If you or a loved one is facing domestic violence charges in Spokane, it's crucial to have an experienced and dedicated attorney by your side. At Freedman Law Office, we understand the serious nature of domestic violence allegations and the significant impact they can have on your life. Our goal is to provide compassionate and effective legal representation to help you navigate this challenging time.
Facing domestic violence charges in Washington can be overwhelming, but you don't have to go through it alone. Contact Freedman Law Office today for a confidential consultation to discuss your case and learn how we can help you protect your rights and your future.
Washington Domestic Violence FAQ
Can domestic violence charges be dropped if the victim recants?
Yes, but it's not guaranteed. The prosecutor has the authority to pursue the case even if the victim decides not to press DV charges. They will consider the evidence and the circumstances before making a decision.
How can a domestic violence conviction affect my life?
A Washington domestic violence conviction can have far-reaching consequences, including loss of custody or visitation rights, job loss, difficulty finding future employment, and damage to your reputation and personal relationships.
What should I do if I am falsely accused of domestic violence?
Contact an experienced Spokane domestic violence attorney immediately. Do not contact the accuser or discuss the case with anyone other than your attorney. Gather any evidence that supports your innocence and follow your attorney’s advice closely.
Can a WA domestic violence charge be expunged from my record?
In Washington State, some domestic violence convictions may be eligible for expungement, but this depends on the specifics of the case, including the type of offense and whether certain conditions have been met.
Will I lose my gun rights if convicted of domestic violence?
Yes, a Washington domestic violence conviction can lead to the loss of your right to own or possess firearms. This is a serious consequence and another reason why having a strong legal defense is crucial.
What should I expect during the legal process for a domestic violence case?
The legal process typically involves an arrest, arraignment, pretrial hearings, and possibly a trial. Your attorney will guide you through each step, from gathering evidence to negotiating with prosecutors and representing you in court.
How can Freedman Law Office help me with my domestic violence case?
We provide thorough case investigation, aggressive defense strategies, and compassionate client support. Our goal is to protect your rights and achieve the best possible outcome for your case. Contact us today to discuss your situation in detail.
Can I still see my children if I am charged with domestic violence?
Charges can affect your custody and visitation rights. A court may issue temporary restraining orders or modify custody arrangements. It’s crucial to have legal representation to advocate for your parental rights during this process.
