Penalties for Domestic Violence in Washington
Domestic violence crimes are often taken very seriously. Intimate partner violence is often recurring and is something the legislature has sought to stop. Because of this, the penalties for domestic violence crimes may be increased.
Fines of $100-115 are usually added to domestic violence offenses to fund prevention and victim advocacy programs. On top of this, you still face whatever penalties are assessed for the underlying crime. You can also lose access to your home and firearms or face restrictions from bail and restraining orders, even without a conviction.
For help with your case, call the Washington domestic violence defense lawyers at the Law Offices of Smith & White at (253) 525-8036.
Is there Increased Jail Time for Domestic Violence?
Under Washington law, “domestic violence” is not a crime of its own. Instead, charges for certain listed offenses can be deemed “domestic violence” crimes when they are committed against a partner or someone who lives with you:
- Assault
- Drive-by shootings
- Endangerment
- Coercion
- Burglary
- Trespass
- Property destruction
- Kidnapping
- Imprisonment
- Violating a restraining order
- Rape
- Stalking
- Interfering with reporting of domestic violence.
When you are charged with one of these crimes, there is no automatic upgrade to your jail time. However, some situations could lead to upgraded charges, e.g., by injuring a pregnant partner’s baby.
However, the fact that a crime was a domestic violence offense can be taken into account at sentencing. For example, a judge might see assaulting someone at a bar as a dangerous indiscretion but might see assaulting your girlfriend as a much more serious offense. A judge might also see your crime as worse if it happened in front of your children.
Additionally, uncharged conduct can be accounted for in a sentence. For example, if your spouse testifies that there were multiple episodes of domestic violence before this one, that could increase your sentence.
Increased Fines for Domestic Violence Offenses
As mentioned, an additional penalty is assessed under RCW 10.99.080 for domestic violence convictions. The fine is at least $100, but judges can increase it to $115.
The money from these fines is put together to fund advocacy and prevention programs benefitting domestic violence victims across the state.
Other Penalties for Domestic Violence Charges in Washington
A serious issue our Washington domestic violence lawyers need to look out for in your case is other consequences that could affect your case, potentially before you are even convicted of anything.
Domestic Violence Restraining Orders
Domestic violence restraining orders and other similar protective orders are often issued quickly in domestic violence cases. These can drastically affect your life without a chance to respond in court until weeks later.
An initial restraining order petition can be granted in an ex parte hearing, meaning the defendant is not present to defend themselves. That order can last for 14 days before a hearing to determine whether it can be extended.
Final orders can last for 90 days and be renewed multiple times.
Police Intervention
Police responding to a domestic violence call also have permission to take steps to protect the alleged victim at the scene, all without a hearing. This includes the ability to immediately seize all firearms and hold them for 5 business days.
Bail Conditions
Upon arrest, you can also be held in jail for some time before your arraignment and initial bail hearing. During a bail hearing, it is vital to have a lawyer present, as the prosecutor might try to deny bail on the grounds that you are a threat to the victim.
If you are released, bail conditions might mirror some of the terms of your restraining order. This means violating these terms could be both a restraining order violation and a bail violation, leading to revocation and rearrest.
Effects of a Restraining Order
Restraining orders have broad authority to control your life and restrict what you can do, including the following restrictions:
- Loss of firearms
- Inability to contact the alleged victim
- Temporary restriction on custody and contact with shared children
- Interference with work if you work with the victim
- Inability to return to your house.
If you violate the terms of a restraining order, it constitutes a second crime – also a domestic violence offense – that can mean additional charges, jail time, and fines if you are convicted.
Avoiding Additional Penalties on Domestic Violence Charges
Our attorneys can help fight some of these issues, such as seeing to your release on bail. We can also seek to have restraining orders and other court orders overturned, restoring your freedom to access your home, children, and firearms.
The additional $100-$115 is generally unavoidable, but if you are not convicted, then you do not have to pay it.
Our defense strategies can help keep you out of jail, challenge the evidence against you, and potentially reduce sentences. If you are willing to plead guilty to a lesser charge, this might also reduce your penalties – though it cannot usually remove the additional $100-$115 penalty.
Penalties For Domestic Violence Offenses in Washington
Each domestic violence case involves an underlying charge. From assault to stalking to rape, these crimes each have their own penalties.
Crimes generally break down into felonies and two types of misdemeanors:
- Felonies are more serious crimes punishable by a potential of over a year in jail and high fines. Felonies break down into class A, B, or C felonies with different maximum jail terms and fines for each.
- Gross misdemeanors are punishable by up to 364 days in jail plus fines up to $5,000.
- Misdemeanors are punishable by up to 90 days in jail and fines up to $1,000.
Assault crimes have four levels of assault, three of which are felonies. Similarly, there are two levels of rape, both of which are felonies. Kidnapping, drive-by shootings, and other similarly violent crimes are also felonies.
Stalking, property crimes, violations of protective orders, and trespass, along with some burglary charges, are misdemeanors or gross misdemeanors.
Call Our Domestic Violence Defense Lawyers in Washington State Today
For help with your case, call Smith & White’s Washington domestic violence lawyers at (253) 525-8036.