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Domestic Violence

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Bellevue Domestic Violence Attorneys

It is no secret that domestic violence (DV) offenses are among the most widely publicized, criticized, emphasized criminal offenses not only in Washington state, but throughout the Untied States. Here are some examples:

1. http://www.atg.wa.gov/current-examples

2. http://www.thenewstribune.com/news/special-reports/article25856965.html

3. https://www.nytimes.com/topic/subject/violence-against-women-act

It’s against this backdrop that your case is positioned. Prosecutors do not take these charges lightly, and you absolutely MUST hire an attorney if you want your rights and your future protected. The police and the prosecutor’s office are not your friends. You need someone on your side, that has your best interests in mind, and that has the experience to know when, and how hard to push back at the State.

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It is nearly impossible to find a prosecutor that is willing to dismiss these offenses–at least at the very beginning of the case. With most of these offenses, the court will automatically impose a no contact order. It is ABSOLUTELY CRITICAL that you comply with the no contact order, as each violation in itself is a criminal offense.

The term domestic violence as a specific offense in itself is somewhat a mischaracterization. The common misunderstandings are that: domestic violence itself is a crime, and you need to actually hit someone for it to be categorized as domestic violence. THAT IS NOT TRUE!  The reality, at least in Washington State, is that domestic violence is a sentencing enhancement feature that applies to a wide variety of different offenses. Additionally, even the mere threat of harm may be enough to convict you. The statute lists the following offenses as falling within the definition of domestic violence:

(a) Assault in the first degree (RCW 9A.36.011);

(b) Assault in the second degree (RCW 9A.36.021);

(c) Assault in the third degree (RCW 9A.36.031);

(d) Assault in the fourth degree (RCW 9A.36.041);

(e) Drive-by shooting (RCW 9A.36.045);

(f) Reckless endangerment (RCW 9A.36.050);

(g) Coercion (RCW 9A.36.070);

(h) Burglary in the first degree (RCW 9A.52.020);

(i) Burglary in the second degree (RCW 9A.52.030);

(j) Criminal trespass in the first degree (RCW 9A.52.070);

(k) Criminal trespass in the second degree (RCW 9A.52.080);

(l) Malicious mischief in the first degree (RCW 9A.48.070);

(m) Malicious mischief in the second degree (RCW 9A.48.080);

(n) Malicious mischief in the third degree (RCW 9A.48.090);

(o) Kidnapping in the first degree (RCW 9A.40.020);

(p) Kidnapping in the second degree (RCW 9A.40.030);

(q) Unlawful imprisonment (RCW 9A.40.040);

(r) Violation of the provisions of a restraining order, no-contact order, or protection order restraining or enjoining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location (RCW 10.99.04010.99.05026.09.30026.10.22026.26.13826.44.06326.44.15026.50.06026.50.07026.50.13026.52.070, or 74.34.145);

(s) Rape in the first degree (RCW 9A.44.040);

(t) Rape in the second degree (RCW 9A.44.050);

(u) Residential burglary (RCW 9A.52.025);

(v) Stalking (RCW 9A.46.110); and

(w) Interference with the reporting of domestic violence (RCW 9A.36.150).

While nearly any offense can have a domestic violence sentencing attachment, our clients are most commonly charged with a DV offense attached to the following crimes: (1) assault, (2) malicious mischief, (3) harassment, and (4) no contact order violations. Each of these offenses are explained in detail on our firm’s other pages.

In order for a DV element to attach to the offense, it must be committed against a family or household member as defined in RCW 10.99.020(3). Most of these categories make sense: boyfriend, girlfriend, husband, wife, people that have a child together, etc. However, some are less intuitive. For example, the most surprising category for most of our clients is adult persons who are presently residing together or who have resided together in the past.” Why is this so surprising? Imagine getting into a heated argument with a former roommate where you are still friends, but both of you have moved on with separate residences, families, etc. This happens FREQUENTLY. But, if the police are called, either one or both of you could be arrested for a domestic violence offense!

Free initial consultation and case evaluation.

Call a lawyer who listens and cares. Washington Criminal Attorneys

A Domestic Violence Arrest is NOT a Criminal Conviction. We can help!

You’ve been arrested, humiliated, jailed and forbidden from returning to your own home. 

Now what?

If you have been arrested for allegedly committing acts of domestic violence, it is imperative that you speak with a good criminal attorney immediately.  Under Washington law, many different crimes can potentially charged as “domestic violence”.   These crimes typically involve allegations of assault, harassment, violation of a no contact order or protection order, malicious mischief, and criminal trespass.

In order to be charged under the current Washington State Domestic Violence laws, there simply must be an allegation that the crime was committed against a “family or household” member.  The definition of family or household member can in the Washington statute addressing domestic violence.

Our Bellevue criminal defense attorneys understand that being arrested, being evicted from you home, and having a restraining order taken out against you is incredibly stressful. It is confusing and frustrating. We are here to help.

Have you recently been arrested or charged with one or more of the following domestic violence crimes?

  • Assault Charges
  • Criminal Trespass
  • Harassment Charges
  • Malicious Mischief Charges
  • Violation of a Protection Order
  • No Contact Order Violation Charges

If so, we can help.

Bellevue Criminal Defense Lawyers

Our Bellevue criminal defense offices are conveniently located in downtown Bellevue. We’re only a few blocks from the King County and the Bellevue Municipal Courthouse.

Bellevue Washington Criminal Attorneys serves domestic violence clients in Bellevue and throughout King County, Washington. . Call now for a free case evaluation. We offer affordable low flat fees and payment plans that you can afford.

Call now for free initial consultation.

We offer flexible payment plans.

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Not surprisingly, many people are shocked, overwhelmed, and confused by the statutory scheme we have here in Washington State. The attorneys at Washington Criminal Attorneys, understand how unfair this can feel. We understand the emotions that run through our client’s minds when they are arrested. Most of our clients are not career criminals.

They are simply people that might have made a poor decision, and as the old adage goes, “bad things happen to good people.” It is our job to tell your story, to position you the right way in front of both the prosecutor and the court, to make sure we are available when you need us, and to offer our guidance throughout this confusing and overwhelming process.

Most of our clients do not understand what they can and cannot do when the police are called and they start asking questions. Most understandably, and unfortunately make the mistake of cooperating with whatever the police officer asks them to do. This is not your fault! We’ve all been taught since a very young age to respect authority, and when police officers ask you to do something, you do it. Period.

But, most people do not understand that cooperating with the police only gives them more information to work with, and ultimately to arrest you. Getting arrested is an overwhelming experience. There are often multiple police officers. You and the other person are separated and questioned apart from one another. The officer starts asking very general, broad questions, and then starts getting more and more specific.

In these types of situations, most people make the mistake of thinking that if only the police officer understood what lead to the argument itself, that would somehow convince the officer to leave. The sad truth is that once the police are dispatched to a scene involving DV, more often than not, someone is getting arrested.

That does not mean you cannot defend yourself, or that the case is over!

We will look for any violation of your rights or grounds for challenging your arrest. We will look to see whether the police had any basis to come to your residence or location. We will verify the existence of any 911 call, and pour through your arrest report for any inconsistencies, or exonerating information. If it is in your best interest, we will work to either eliminate the no contact order, or at least modify it to “non-hostile contact.”

That means you can call, text, or email the other person, but the minute any threats are made, you are in violation. Sometimes we can only modify it so that you are able to communicate though a friend, or loved one. There are many, many, creative ways to attack these cases.

We will not rest until every last piece of information is challenged. You deserve the best, and that is exactly what you receive when you hire Washington Criminal Attorneys.

If any of this sounds like it happened to you, call us immediately. Now that you have been criminally charged, a million thoughts are running through your mind. What happens next? How will I get to work? Will I lose my job? Will I be prevented from advancing my career? Can I relocate? Am I on probation right now? Can I still go home? Can I see my children? Where am I supposed to live now? When you call our offices, you will speak to one of our experienced criminal defense attorneys, and we will take the time to go through all of your questions in detail.

The initial consultation is free, and we will take the time to learn about your specific case, and give you our honest assessment of where your case stands. Remember, NEVER speak to the police, detectives, or anyone from the prosecutor’s office without an attorney. They have one job, and that is to make sure you are convicted. If you are reading this page you have been charged with a criminal offense. It is now them against you. With something as important as your freedom at stake, don’t make the mistake of handling your criminal charge alone.

Washington Criminal Attorneys will be there for you, and go to battle for your defense.

Tough Counsel for Tough Times

Allegations of violating a no contact order.

Washington State’s laws regarding violation of no contact orders can be confusing, especially when there are allegations of domestic violence. We can help.

In general, we advise nearly all of our clients to expect that a no contact order will be put into place in every case where there are allegations of domestic violence.

The simple truth is that most courts simply do not have the time and resources to properly investigate allegations of domestic violence at the time of arraignment. Invariably, prosecutor’s will ask for a no contact order regarding the alleged victim. And, in the overwhelming majority of cases, the court will grant a Criminal No Contact order while your case is pending.

This is often a nightmare on multiple levels. First off, if you live with your spouse or partner, you will be prohibited from going home. Second, you will only be given a very limited amount of time to get a few personal belongings under a kind exception to the no contact order known as a civil compromise.

As a practical matter, every court is also statutorily obligated in every Washington State and Bellevue domestic violence case to undertake a fact-specific analysis based on the underlying allegations and the unique circumstances of the parties involved.

Bellevue Washington Criminal Attorneys serves domestic violence clients in throughout King County, Washington. Call now for a free case evaluation. We offer affordable low flat fees and payment plans that you can afford.

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