Domestic Violence in Washington State: Penalties and Defense

The domestic violence Washington state laws require that any law enforcement office who responds to an incident of domestic violence make an arrest if there is probable cause that an offense was committed. If it appears that both parties are guilty of assault, the primary aggressor will be arrested and booked into county jail.

Penalties for Domestic Violence in the Evergreen State

The Office of the City Attorney will review the police report in determining whether or not to move forward with the case. Once charges are filed against the defendant, only the prosecutor can have the charges dropped. Domestic violence can be tried as a misdemeanor, gross misdemeanor or a felony offense. The penalties for a misdemeanor or gross misdemeanor conviction can include:

• Jail time of 90 days to one year
• Fines ranging from $1,000 to $5,000
• Court ordered treatment rehabilitation program or anger management classes
• Probation may be granted to first-time offenders or where no serious injuries occurred
• Electronic monitoring while confined at home
• Restitution to the victim for medical bills

The court will also take into consideration any aggravating or mitigating factors of the crime. When determining sentencing, the judge will look at any prior criminal history of the defendant or if they were on probation at the time. The case may be prosecuted as a felony if there was assault against a minor or the victim suffered serious bodily injury requiring medical treatment.

Defending Against DV Charges

There are many reasons a case may be dismissed before trial begins. If the defendant was not read their Miranda rights or even present when the allegation was made, the judge may drop the case for lack of evidence. If there is reason to proceed to trial, your defense attorney may make the following arguments on your behalf:

• The charges were false and made in order to get the upper hand in a custody battle
• The victim was drunk or under the influence of drugs at the time and exaggerated the nature of the fight
• The accused was defending himself or herself against the victim
• The injuries occurred accidentally, such as someone throws an object not intending to hit the victim
• The accused was defending a minor child at the time the incident occurred

Witness testimony can also help the defendant’s case if there are individuals who can corroborate their story. In cases where no injuries were sustained and nobody else witnessed the fight, it may turn into a case of “he said”, “she said”. The prosecution has the task of proving the defendant guilty beyond a reasonable doubt before the jury can reach a conviction.

Facing Criminal Charges in Washington State

Once you have been arrested for domestic violence, the State is working against you. It’s the prosecutor’s job to lock up people, regardless if they are innocent. Your first phone call should be to contact an experienced criminal defense attorney for help. They can arrange a hearing and get you bailed out of jail. They will vigorously investigate your case and try to get the charges dropped if possible.