Domestic violence charges in Washington State can have life-altering consequences. Knowing what to expect from the legal process and how to preserve your rights is incredibly helpful, whether it is your first or second offense.
What Is Domestic Violence in Washington State?
In Washington State, for example, the law defines domestic violence as any ‘physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault.’
It goes on to state this can be ‘between family or household members regardless of marriage or residence’ and can include:
- Physical or emotional harm
- Assault or harassment
- Stalking or threats
- Intimidation or property destruction
These offenses are deemed to be domestic violence or family members. The broad wording means non-physical acts, such as threats or harassment, can lead to severe sentencing.
Penalties for a First-Time Offense
As a first-time domestic violence offender, you will face Gross Misdemeanor penalties including:
- Up to 364 days in jail
- Fines up to $5,000
Additional penalties can also be imposed, such as:
- Probation
- Community service
- Mandatory counseling or anger management classes
If the charges are more serious and constitute a felony, the penalties will be much more severe, such as longer jail terms and higher fines.
Deferred Prosecution: A Second Chance for First-Time Offenders
For first-time offenders, there is sometimes the option of deferred prosecution – you get entered into a treatment program or meet other court requirements in exchange for the charges being dismissed if you complete them successfully.
This is a good opportunity to avoid a criminal record while addressing the underlying problem that might have led you there in the first place.
Protective Orders and Their Consequences
Domestic violence victims can seek restraining orders or protective orders barring the accused from contacting them.
Violating those orders is a serious crime, further enhancing the punishment for the original offense and making it harder to reach a favorable resolution.
What Happens After a Domestic Violence Arrest?
Accused who are charged with domestic violence are arrested immediately after the accuser has made the accusation. After the arrest, the accuser will undergo a thorough investigation, which may involve:
- Interviews with the victim and other witnesses
- Collecting evidence
- Review of previous police reports involving the accused
Filing of Charges by the Prosecutor
Depending on the investigation’s findings, the prosecutor will decide whether to file formal charges.
In the meantime, they might request pre-trial conditions for the offender, such as no-contact orders or GPS monitoring, so the victim remains safe while the case proceeds.
Arraignment and Bail
At the arraignment, the accused will be informed of the charges and state a guilty or not guilty plea. The case will go to trial if a plea of not guilty is entered.
The judge may also set bail at the arraignment and determine whether the accused is to be released while waiting for trial.
The Trial Process
If the case goes to trial, the prosecution and the defense will present their evidence. If the accused is found guilty, a sentence will follow.
Sometimes, this will be jail time, but it can also be fines. Other penalties may also be ordered. If the accused is found not guilty, the charges will be dismissed.
The Importance of Legal Representation
Considering the gravity of domestic violence charges, it is prudent to have a criminal defense attorney who can help you understand your rights and guide you through the court process.
An attorney can help you exercise your rights fully and explore options such as deferred prosecution.
They can also make sure the prosecution presents all the evidence against you before giving a proper defense to help you obtain the best possible outcome for your case.
Contact a Domestic Violence Defense Lawyer
You don’t need to face these charges alone. Experienced legal help is available to walk you through this entire process.
Contact Philip Wakefield, an experienced defense lawyer in Snohomish County, for the legal representation you deserve.