Bellingham Criminal Attorneys for Domestic Violence Defense
Domestic violence (DV) accusations come with a stigma that can be hard to overcome. Though the public might see the accused as a wife-beater, our Bellingham domestic violence criminal lawyers often find it’s much more nuanced than that, and it doesn’t always apply to physically violent crimes.
DV is a designation attached to any crime committed against another, so long as the victim is a household member, family member, past or present romantic partner, or someone you share a child with. For example, if someone were to intentionally damage their ex’s property when emotions run high, they might be charged with DV malicious mischief without ever physically harming the other person.
If you’ve been arrested and charged with domestic violence, you need a team of dependable Bellingham domestic violence criminal lawyers by your side to help you navigate the complex legal system.
What Does Washington State Say About Domestic Violence?
Bellingham has adopted the Revised Code of Washington (RCW) to define domestic violence and takes a strong stance against it. Our skilled attorneys have an intricate knowledge of the state’s legal system, as well as the respect of Whatcom County judges and prosecutors that go a long way in minimizing the consequences across the board.
If you are charged with DV Assault 4, the case will likely go through the Bellingham Municipal Court, which oversees many DV cases annually. In fact, Bellingham Municipal Court runs a Domestic Violence Court program specifically designed to focus all its resources on these crimes. Our Bellingham domestic violence criminal lawyers have extensive experience in these courtrooms with these judges.
According to RCW 10.99.020, domestic violence includes but is not limited to any of the following crimes when committed either by (a) one family or household member against another family or household member or (b) one intimate partner against another intimate partner: (i) Assault in the first degree (RCW 9A.36.011); (ii) Assault in the second degree (RCW 9A.36.021); (iii) Assault in the third degree (RCW 9A.36.031);(iv) Assault in the fourth degree (RCW 9A.36.041) and 19 other RCW-recognized crimes.
The above list is far from comprehensive. Any crimes or acts of violence toward a family member, household member, or intimate partner are considered domestic violence in Washington. Most commonly, DV designations are added to Assault 4, Assault 2, and malicious mischief charges.
How Bellingham Domestic Violence Criminal Lawyers Can Help
Having the right Bellingham domestic violence criminal lawyers by your side can make the difference between a not guilty or deferred prosecution and significant jail time. Your attorney represents your interest in court, crafting legal arguments and challenging evidence to protect your rights.
Your attorney’s job is to negotiate the best possible outcome in your case. In a best-case scenario, this can look like keeping the conviction off your record. Criminal accusations must be proven beyond a reasonable doubt for a conviction to stick, and often, prosecutors don’t have enough concrete evidence.
Choosing the Right Bellingham Domestic Violence Criminal Lawyer
Ideally, your Washington criminal defense lawyer should fight vigorously for your rights and best interests. Our team is ready to get the job done. We help you navigate the complex legal system, understand difficult laws, and ensure the court and prosecutor do not infringe upon your legal rights.
Potential Consequences for Domestic Violence in Bellingham
Immediate Arrest
If the police respond to a call and have probable cause to believe domestic violence occurred within the last four hours, they are required by law to arrest the suspected aggressor. You will be held until arraignment, at which point your attorney enters your plea (typically not guilty) and the Whatcom County judge sets bail and the conditions of release. Having a Bellingham domestic violence criminal lawyer at your arraignment can help you secure favorable conditions of release.
No-Contact Orders
At the first court appearance following an arrest, the prosecutor will likely ask for a no-contact order regardless of the alleged victim’s wishes. The judge will almost always grant it. If the alleged victim is someone you live with, you will be barred from your home.
Do not violate the no-contact order, even if the alleged victim initiates contact or doesn’t want the order in place. Each communication with the alleged victim, including through third parties, can be charged as an additional offense (RCW 7.105.450).
Losing Your Right to Firearms
As soon as you are arrested for domestic violence in Bellingham, law enforcement seizes your guns, whether they’re lawfully owned or not. The guns remain in police custody for the duration of the case.
Washington state law dictates that those convicted of domestic violence permanently lose their right to possess a firearm regardless of the severity of the crime. The only way to reverse this is to petition the court to restore your rights.
Mandatory Counseling
If you are found guilty of domestic violence, you may be court-ordered to attend a Domestic Violence Intervention Treatment program, paying for it out of your own pocket. These state-regulated programs (Chapter 388-60B WAC) typically last for twelve months.
Financial Penalties
If you are convicted of domestic violence in Washington, you may also face financial penalties ranging from $0 to $5,000, depending on the severity of the crime.
Probation or Jail Time
It’s possible that, at sentencing, a judge can impose jail time if you are convicted of domestic violence in Bellingham, depending on the severity.
Limitations on Custody and Visitation With Shared Children
If you share children with the alleged victim, a domestic violence conviction can result in reduced access to custody and visitation (RCW 26.09.191).
Fighting a Domestic Violence Case in Bellingham
If you’ve been accused of this crime in Bellingham, don’t try to fight it on your own. Bellingham domestic violence criminal lawyers can guide you through the process, ensuring you get the fair trial you are entitled to.
Our Bellingham Domestic Violence Criminal Lawyers Know the Common Defenses Against These Charges
Our Bellingham domestic violence criminal lawyers fight tirelessly against these convictions every day. We’re well-versed in common defenses, including:
- The Alleged Victim Lied: Sometimes, the alleged victim lies or exaggerates to worsen the severity of the incident. In this case, we search for every inconsistency and hole in the testimony and evidence to prove it.
- Self-Defense: You have a right to use reasonable force to protect yourself or another person. If you did not start or escalate the incident, you might be able to claim self-defense.
- Stipulated Order of Continuance (SOC): While this isn’t necessarily a defense against a DV charge, this pretrial disposition can help keep it off your record. If you agree to complete a DV treatment program and meet all conditions given to you in the Stipulated Order of Continuance, you can have the charge dismissed. However, you must waive your right to a speedy trial, and if you do not follow through with the agreement, the court will use the police report as the sole determiner of your guilt. Our Bellingham domestic violence criminal attorneys regularly secure these orders.
What to Do if You’re Accused of Domestic Violence in Bellingham or Whatcom County
Remember, you have a right to remain silent and a right to an attorney. Before answering any questions, ask for your Bellingham domestic violence criminal lawyer. We can help you avoid incriminating yourself and start crafting your legal defense quickly.
Reach out to our law firm as soon as possible so our Washington State defense lawyers can begin minimizing the damage to your reputation and criminal record.
