Bonney Lake Domestic Violence Defense Attorneys
When the police are called to the scene of a domestic dispute in Pierce County, an arrest is almost always made. Most people don’t realize that even if the alleged victim decides that they don’t want to press charges, it is no longer in their hands once law enforcement gets involved. The prosecuting attorney will have the sole power to decide whether to charge you with domestic violence.
Domestic violence charges can upend a person's life overnight. If you or a loved one is facing a domestic violence (DV) charge in Bonney Lake, you may feel like you have nowhere to turn. You probably have dozens of questions, like
- What does Pierce County consider a crime of Domestic Violence?
- What happens if the alleged victim of domestic violence wants to drop the charges in Bonney Lake?
- What are the potential penalties for a DV charge in Pierce County?
- Do I need a lawyer to fight DV charges in Bonney Lake?
The sad truth is that domestic violence laws in Pierce County are vague and confusing. But you don’t have to try to figure things out on your own. You need the help of an experienced Bonney Lake DV defense attorney. Our firm has provided some general knowledge about DV charges in Pierce County below, but it does not substitute for legal advice from an experienced criminal defense attorney. We believe that everyone accused of DV in Bonney Lake deserves access to the help and resources they need. Contact our firm today for a no-cost case consultation.
Domestic Violence Charges Explained by a Bonney Lake Criminal Defense AttorneyWashington state statute RCW 26.52.010 defines “domestic abuse” as “conduct when committed by one family member against another that is classified in the jurisdiction where the conduct occurred as a domestic violence crime or a crime committed in another jurisdiction that under the laws of this state would be classified as domestic violence.”
If you find that definition confusing, don’t worry, you aren’t alone. Basically what that means is that almost any crime can be charged as a DV crime. The crime itself is not DV, it’s the victim’s relationship to the alleged perpetrator that determines whether it's DV or not.
To break it down into its simplest components, we’ll start by defining who Washington state considers to be family members.
- Spouses
- Former spouses
- Parents
- Children
- Stepparents, stepchildren
- Foster parents, foster children
- Grandparents, grandchildren
- Any person presently or formerly living in the same residence with the offender and who is or was involved in a sexual or intimate relationship with the offender.
Next, we will use Washington state statute RCW 10.99.020 to outline some of the criminal charges that may be considered a DV charge as well
“(i) Assault in the first degree;
(ii) Assault in the second degree;
(iii) Assault in the third degree;
(iv) Assault in the fourth degree;
(v) Drive-by shooting;
(vi) Reckless endangerment;
(vii) Coercion;
(viii) Burglary in the first degree;
(ix) Burglary in the second degree;
(x) Criminal trespass in the first degree;
(xi) Criminal trespass in the second degree;
(xii) Malicious mischief in the first degree;
(xiii) Malicious mischief in the second degree;
(xiv) Malicious mischief in the third degree;
(xv) Kidnapping in the first degree;
(xvi) Kidnapping in the second degree;
(xvii) Unlawful imprisonment;
(xviii) 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;
(xx) Rape in the second degree;
(xxi) Residential burglary;
(xxii) Stalking; and
(xxiii) Interference with the reporting of domestic violence.”
As you can see, Washington state domestic violence charges are complex. In these situations, your criminal defense lawyer will play an essential role in protecting your rights and freedom from false accusations and a conviction.
Penalties for a Domestic Violence Charge in Pierce CountyAccording to the World Population Review, Washington state ranks in the top 10 states for domestic violence incidents. Because of statistics like that, Pierce County tends to prosecute all DV charges to the fullest extent of the law.
In Washington state, DV can be a felony or misdemeanor depending on the circumstances involved in the case and whether the defendant has prior convictions for the same charge.
A misdemeanor is regarded as a more minor criminal offense, punishable by less than 12 months in jail. There are two categories of misdemeanors, defined by the punishments applicable to each charge.
- Simple Misdemeanors are punishable by up to 90 days in jail and/or up-to a $1,000 fine.
- Gross Misdemeanors are punishable by up to 364 days in jail and/or up-to a $5,000 fine.
Many DV-related charges fall under the gross misdemeanor category, including simple assault DV, harassment, and violation of a no-contact order.
If you have a prior DV conviction, then your new domestic violence conviction has a much higher chance of being turned into a felony domestic violence charge.
Felonies are crimes that may be punishable by time in a state correctional facility, as opposed to county jail. These are the most serious criminal charges in Washington state. There are three levels of felony charges:
Class A Felony- carries a sentence of up to life in prison and/or fines up to $50,000.
Class B Felony- carries a sentence of up to 10 years in prison and/or fines of up to $20,000.
Class C Felony- carries a sentence of up to 5 years in prison and/or fines of up to $10,000.
Assault in the 1st, 2nd, or 3rd degree DV, and violation of a no-contact order with an assault or two or more prior convictions are all examples of felony DV charges.
In addition to all criminal punishments for a DV conviction, there are other penalties you may face. Federal law prohibits anyone convicted of misdemeanor domestic abuse violence from possessing a firearm. Additionally, if alcohol or drugs were involved during the incident, you may be forced to submit to a chemical dependency evaluation. You may also have to attend counseling or a DV treatment program if convicted. Finally, there are serious social repercussions to a DV charge- you may be the subject of gossip and fear amongst your friends, family, and co-workers.
It helps to remember that a domestic violence charge doesn’t automatically mean a conviction. An experienced Pierce County domestic violence defense attorney has handled these types of cases before and will know how to give you the best possible shot at a favorable outcome for your case.
How a Bonney Lake Criminal Defense Attorney Can Help You With Domestic Violence ChargesWe understand that domestic violence accusations are not always grounded in reality. The sad truth is that many people are wrongfully accused of domestic violence, particularly during divorce battles, or heated child custody proceedings.
Regardless of the specifics of your situation, our Bonney Lake domestic violence defense lawyers are committed to protecting your constitutional rights, including the right to be presumed innocent unless proven guilty beyond a reasonable doubt. We are prepared to do everything in our power to protect you and your future.
Although we cannot make absolute guarantees, and any attorney who does so is unethical, we can assert with confidence that your chances are almost certainly better with us. Contact our firm today for a free case consultation. Let us be your voice, and let us fight for you.