Only a lawyer should tell your side of the story
Domestic violence (DV) is a designation that can be added to a criminal charge in Washington State that involves a:
- Family member
- Current or past romantic partner
- Roommate
- Person you have a child with
How Much Evidence is Needed for a WA State DV Arrest?
When the police are called, they normally make an arrest decision based solely on the statements of the accuser. While law enforcement is questioning the accuser, emotions are running high and it is extremely common for false, exaggerated, or misleading statements to be made.
Sometimes there is additional evidence, such as an eyewitness, damaged property, or injuries. When there are injuries, law enforcement often does not photograph the injuries of the accused person. It can be very helpful to photograph your injuries, as this evidence can be an important part of a self-defense argument.
No Contact Orders
In Seattle, Bellevue, and other cities in Washington State, a No Contact Order is often issued in conjunction with any type of domestic violence charge. The judge can issue these orders even if there are no accusations of physical violence and this is your first domestic violence charge. Orders that prevent contact can become very problematic if you share housing, work together or have children in common.
We understand that you may still have a relationship with the alleged victim. However, each communication with the alleged victim can be an additional criminal charge (No Contact Order violation), so it is important that you avoid all direct and third-party contact while the order is still in place.
In some cases, your domestic violence attorney can make arrangements with the court so you can drop off your children or communicate through a designated person. Although the alleged victim has no say in the issuing of the order, the order can sometimes be lifted if they support the lifting of the order and the judge agrees that it is no longer necessary.
Types of Charges & Penalties
Domestic violence penalties will depend on:
- The seriousness or degree of underlying DV charge
- Overall criminal history & whether or not this is your first domestic violence charge
- If a weapon was involved
Domestic Violence Assault 4th Degree
This is by far the most common domestic violence charge in WA State. No visible injury needs to have occurred. An allegation of unwanted and offensive physical contact (or attempted physical contact) is enough probable cause for an arrest to be made.
4th Degree DV Assault is a gross misdemeanor punishable by:
- 0-364 days in jail
- Up to $5000 fine
- Loss of gun rights
- Mandatory DNA sample
- Probation
Domestic Violence Assault 2nd Degree
This charge is commonly filed in WA State when there is a serious (but non-permanent) injury that requires medical attention. However, if there are allegations of hands to the throat (choking) or the involvement of a weapon, no injury needs to have occurred.
2nd Degree DV Assault is a Class B felony and is punishable by:
- 90 days – 10 years in jail
- Up to $20,000 fine
- Loss of gun rights & voting rights
- Mandatory DNA sample
- Probation
Domestic Violence Malicious Mischief (Destruction of Property)
If the police discover broken property during a domestic violence investigation, they will make an arrest for Destruction of Property or Malicious Mischief. If the amount of broken property is $750 or less, it is a gross misdemeanor charge. If the amount of broken property is above $750, the charge will be a felony.
Common defenses include:
- You are the owner of the damaged property.
- You did not intend on breaking the property (accident).
- The accuser or someone else broke the property.
How to Drop Domestic Violence Charges in Washington State
Of all the cases that we defend, domestic violence has the highest rate of dismissals due to a lack of hard evidence and discrepancies in the alleged victim’s account of events. We often find inconsistencies between the 911 recording and the accuser’s statements to police.
It is often beneficial to your case if your attorney can carefully explain your side of the story. Unfortunately, most prosecutors only see defendants as a file or a charge. However, a good domestic violence attorney should highlight your positive contributions to the community, so you are given the best opportunity for dropped charges or an outcome that is significantly less serious than the original charge.
Should I Take a Polygraph?
In situations where the accuser has not given an accurate account of what happened, we often encourage our clients to take a polygraph. If you can pass a polygraph, the charges will likely be dropped. If the results of the polygraph are unfavorable or inconclusive, it will not hurt your case since we are not obligated to provide the results to the court.
How do I Prevent DV Charges from Being Filed?
It is a good idea to contact an experienced domestic violence lawyer as soon as possible. The time frame between the arrest date and the prosecutor filing charges can give your attorney an opportunity to do a pre-charge investigation. These independent investigations often uncover issues that can clear your name. This can create a best-case scenario where no charges are ever filed.
How do I Beat a Domestic Violence Charge in WA State?
At Beckwith Criminal Law, we have successfully resolved over 1000 domestic violence cases in Washington State. In many situations we have been able to modify, prevent, or completely remove No Contact Orders.
We are former prosecutors who understand the high burden of proof that the Washington State courts must establish. An important part of our job is knowing how to chip away at the State’s evidence and presenting evidence that is in your favor.
Our attorneys defend clients in King, Snohomish, Pierce, Thurston, & Kitsap County, including the city courts of Seattle, Bellevue, Everett, Kent, & Tacoma.
You can call us today for a free consultation. We have a skilled DV attorney available for you to call until 9PM (including weekends).