Under Tacoma and Washington law, domestic violence designations can significantly affect sentencing in criminal cases. The prosecution must produce adequate evidence to support domestic violence aggravating factors, including proof of an ongoing pattern of abuse over a prolonged period. As shown in a recent Washington case, if they fail to do so, the courts should not find that there are domestic violence aggravators. If you are facing charges with a domestic violence designation, you should retain a Tacoma domestic violence defense attorney to help you seek a favorable outcome.
Case Setting
It is reported that the defendant was accused of abusing his step-granddaughter on four occasions during the summer of 2011. The incidents reportedly occurred while the victim was staying at her grandparents’ home during her summer vacation. Allegedly, the defendant committed these acts while the victim was between seven and eight years old, engaging in harmful touching in various settings, including the living room and a parked car.
Reportedly, the State charged the defendant with three felonies and sought domestic violence aggravators for each count. To support the aggravators, the State alleged that the offenses were part of an ongoing pattern of abuse over a prolonged period. During the trial, the victim testified about the incidents but admitted she could not recall the time frames between the first and last incidents. Based on her testimony, the jury convicted the defendant of two counts of first-degree child molestation and found the domestic violence aggravators applicable.
It is reported that the court sentenced the defendant to an indeterminate life sentence, which included an additional six months for the aggravating factors. The defendant challenged his sentence, arguing that the evidence presented was insufficient to support the jury’s finding of a prolonged period of abuse required for the domestic violence aggravator.
Domestic Violence Designations
Following the defendant’s challenge, the court reviewed the sufficiency of the evidence supporting the domestic violence aggravators. Washington law requires the State to prove that the offense involved (1) domestic violence, as defined by RCW 10.99.020, and (2) an ongoing pattern of psychological, physical, or sexual abuse manifested by multiple incidents over a prolonged period.
The court noted that the victim testified to four incidents of abuse but could not specify the duration between them. Without evidence establishing the time frame of the alleged abuse, the jury would have to speculate about whether the incidents occurred over a prolonged period. Citing prior case law, the court emphasized that speculative inferences cannot satisfy the “prolonged period” requirement. The court concluded that the State failed to meet its burden of proof regarding the aggravating factor. As a result, the court upheld the defendant’s convictions but remanded the case for resentencing within the standard range, excluding the domestic violence aggravators.
Confer with a Knowledgeable Tacoma Domestic Violence Defense Attorney
When domestic violence aggravators are improperly applied, they can significantly increase sentences. If you are charged with crimes involving domestic violence designations, you should confer with an attorney regarding your rights. At the Law Offices of Smith & White, our knowledgeable Tacoma domestic violence defense attorneys are proficient at helping people charged with crimes seek favorable outcomes, and if we represent you, we can offer you comprehensive defense strategies to help you protect your rights. You can reach us via our form online or call (253) 203-1645 to schedule a consultation.