Domestic Violence

Definitions and Applicable Law


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
  • 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.

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

Homicide

Homicide defense requires an examination of a variety of issues: identity, self defense, alibi, faulty eyewitness witness identification, inadequate investigation and mental defenses.

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Assault

The most common issues in assault cases are self defense and victim fabrication. I have had great success uncovering information that is favorable for my clients and all too often overlooked by the police.

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Robbery

Robbery cases often involve questions of identity or victim participation. Many wrongful convictions from around the country involve faulty identification procedures that invariably result in misidentifications. In other cases, the victim is less than forthright in what is actually a dispute over money, drugs or property.

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Burglary

In burglary cases, the issues often center around identity, proof that the defendant indeed to commit a crime inside the building (if not, it is a criminal trespass) and whether the building was open to the public.

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Theft

Theft cases are often document driven cases. Questions include – whether the defendant was the person who took the money or property? Was taking wrongful? Did the defendant have permission?

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Malicious Mischief

In malicious mischief cases, can the State prove that the defendant was acting maliciously or was it simply an accident? Other issues often involve questions of identity, the admissibility of the defendant’s statements, and the true cost of the damage.

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Arson

Arson cases present all kinds of issues that must be examined: identity, accidental vs. intentional fires, sufficiency of the investigation, intent, admissibility of the defendant’s statements, and identity.

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Driving/Motor Vehicle Offenses

Criminal traffic cases can be very complex and technical. The difference between an accident and an alleged criminal act can often be very narrow. The defense must scrutinize the accident reconstruction, the witnesses’ accounts and scientific tests.

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Guns

Courts take gun cases very seriously given that they frequently see cases involving gun that end with tragic results. Weapons cases often involve questions of whether the officers conducted a proper search and had a basis to seize the gun.

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Domestic Violence

Domestic Violence cases run the gambit – anything from misdemeanor theft to murder. It is simply a designation that is added to a crime. However that designation can have significant consequences for defendants.

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Juveniles

All too often kids do things that they and their parents regret. The juvenile justice system is supposed to place an emphasis on rehabilitation over punishment. In addition to all the other applicable defenses, it is important that the court not forget that we are working with a kid and not an adult.

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Immigration Consequences

The consequences of a criminal charge, let alone a conviction, can be devastating for noncitizens. Work visas, education visas, tourist visas and the ability to later naturalize can hang in the balance depending the case’s outcome.

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