Domestic Violence
- Generally
- Violation of a No Contact Order
- Harassment
- Interfering with the Reporting of Domestic Violence
Generally
- A charge that has the “Domestic Violence” (DV) designation means that the State is also alleging that the offense was committed by one family or household member committed against another. RCW 10.99.020(5). The DV designation can have dramatic impact on clients. It can result in enhanced penalties and additional restrictions.
- A domestic violence conviction will result in the loss of a defendant’s right to own, possess or have access to a firearm. This restriction applies irrespective if the conviction is a felony or misdemeanor offense. The court can also impose a no contact order for the statutory maximum term:
- Life for a class A felony offense,
- 10 years for a class B felony offense,
- 5 years for a class C felony offense, and
- 2 years for a gross misdemeanor offense.
On April 1, 2010, Governor Christine Gregoire signed a bill that dramatically increased the penalties for certain defendants convicted of domestic violence offenses. After August 11, 2011, defendants who have been previously convicted of a domestic violence offense will face enhanced penalties for subsequent convictions. The law authorizes “multipliers;” meaning that certain prior DV offenses will score as two point and thus increase the overall sentence.
As a defense attorney, I have handled every type of domestic violence case: from Assault in the Fourth Degree to Assault in the First Degree. I have gotten tremendous results for my clients (including cases dismissed). When I was at the King County Prosecutor’s Office, I spent two years handling DV cases exclusively. I know the issues in DV cases and am well equipped to provide effective representation.
Violation of a Domestic Violence No Contact Court – RCW 26.50.110.
- 1. (a) Whenever an order is granted… and the respondent or person to be restrained knows of the order, a violation of any of the following provisions of the order is a gross misdemeanor, except as provided in subsections (4) and (5) of this section:
- i. The restraint provisions prohibiting acts or threats of violence against, or stalking of, a protected party, or restraint provisions prohibiting contact with a protected party;
- ii. A provision excluding the person from a residence, workplace, school, or day care;
- iii. A provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location;
- iv. A provision prohibiting interfering with the protected party's efforts to remove a pet owned, possessed, leased, kept, or held by the petitioner, respondent, or a minor child residing with either the petitioner or the respondent; or
- v. A provision of a foreign protection order specifically indicating that a violation will be a crime.
- 4. Any ASSAULT that is a violation of an order… that does not amount to assault in the first or second degree is a class C felony, and any conduct in violation of such an order that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.
- 5. A violation of a court order… is a class C felony if the offender has AT LEAST TWO PREVIOUS CONVICTIONS for violating the provisions of an order…. The previous convictions may involve the same victim or other victims specifically protected by the orders the offender violated.
The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.
For a conviction of Felony Violation of a Domestic Violence Court Order:
- An offender score of zero establishes a range of 6 to 12 months in jail.
- An offender score of nine establishes a sentence of 60 months in prison.
For a conviction of Misdemeanor Violation of the Domestic Violence Court Order, the maximum penalty is 365 days in jail and a $5000 fine. The sentencing judge is not required to impose a minimum sentence.
Harassment - RCW 9A.46.020.
- 1. A person is guilty of harassment if:
- a. Without lawful authority, the person knowingly threatens:
- i. To cause bodily injury immediately or in the future to the person threatened or to any other person; or
- ii. To cause physical damage to the property of a person other than the actor; or
- iii. To subject the person threatened or any other person to physical confinement or restraint; or
- iv. (iv) Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; and
- b. The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out. "Words or conduct" includes, in addition to any other form of communication or conduct, the sending of an electronic communication
- a. Without lawful authority, the person knowingly threatens:
- 2. (a) Except as provided in (b) of this subsection, a person who harasses another is guilty of a GROSS MISDEMEANOR.
- A person who harasses another is guilty of a class C FELONY if either of the following applies:
- i. The person has previously been convicted in this or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim's family or household or any person specifically named in a no-contact or no-harassment order; or
- ii. The person harasses another person under subsection (1)(a)(i) of this section by threatening to kill the person threatened or any other person.
- A person who harasses another is guilty of a class C FELONY if either of the following applies:
THREAT means to communicate, directly or indirectly, the intent to cause bodily injury in the future to the person threatened.
To be a threat, a statement or act must occur in a context or under such circumstances where a reasonable person, in the position of the speaker, would foresee that the statement or act would be interpreted as a serious expression of intention to carry out the threat rather than as something said in jest or idle talk.
SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.
For a conviction of Felony Harassment:
- An offender score of zero establishes a range of 1 to 3 months in jail.
- An offender score of nine establishes a sentence of 51 months to 60 months in prison.
For a conviction of Misdemeanor Harassment, the maximum penalty is 365 days in jail and a $5000 fine. The sentencing judge is not required to impose a minimum sentence.
Interfering with the Reporting of Domestic Violence - RCW 9A.36.150.
- 1. A person commits the crime of interfering with the reporting of domestic violence if the person:
- a. Commits a crime of domestic violence; and
- b. Prevents or attempts to prevent the victim of or a witness to that domestic violence crime from calling a 911 emergency communication system, obtaining medical assistance, or making a report to any law enforcement official.
- 2. Commission of a crime of domestic violence under subsection (1) of this section is a necessary element of the crime of interfering with the reporting of domestic violence.
- 3. Interference with the reporting of domestic violence is a gross misdemeanor.
For a conviction of Interfering with the Reporting of Domestic Violence, the maximum penalty is 365 days in jail and a $5000 fine. The sentencing judge is not required to impose a minimum sentence.
Tim@LearyDefense.com
206-382-2401
1111 Third Avenue, Suite 2230
Seattle, WA 98101
