Can I Be Charged with Domestic Violence in Washington if There Was No Physical Injury?

People tend to assume that when a person is charged with domestic violence, they must have committed a violent crime. However, this is not always true. Domestic violence is not a criminal charge but a label applied to certain criminal charges that arise under specific conditions. You may be charged with domestic violence even though the alleged victim is uninjured.

Domestic violence may apply in cases where a defendant is alleged to have committed a certain crime against a romantic partner, family member, or other member of their household. The law describes many offenses that may be labeled as domestic violence, and not all of them are actually violent. Many domestic violence cases involve victims who are not physically injured. Even so, domestic violence charges may be harshly punished, and you should contact an attorney about your situation immediately.

Receive a private, free case evaluation by calling our Tacoma, WA domestic violence defense lawyers at the Law Offices of Smith & White at (253) 203-1645.

Being Charged with Domestic Violence without Any Injuries

Domestic violence is not a single criminal offense. Instead, it is a broader category of offenses that occur under specific conditions. Most often, an offense may be considered an act of domestic violence if it is perpetrated against a romantic partner, family member, or household member.

Domestic violence is more specifically defined under R.C.W. § 10.99.020(4). The law spells out numerous offenses that may constitute domestic violence if committed against a partner, household member, or family member. This includes many different violent and non-violent offenses.

While physical injuries may be an important factor to consider, the lack of injuries does not mean that a crime has not occurred. Domestic violence tends to apply to situations involving defendants and victims who are related or live together. Actual violence or injuries are not always required.

Examples of Domestic Violence Charges without Physical Injuries in Washington

Many criminal offenses may be labeled as domestic violence even though the alleged victims do not experience physical injuries. Again, the key is the relationship between the defendant and the alleged victim, not necessary the violent act itself.

Under R.C.W. § 9A.36.050, you may be charged with reckless endangerment if you engage in conduct that creates a substantial risk of death or serious physical harm to another person. In cases of domestic violence, reckless endangerment often involves parents putting their children in danger, although it may apply to spouses and adult family members.

You might instead be charged with something like burglary. For example, if a person breaks into the home of their romantic partner to commit a crime inside, such as stealing, they may be charged with burglary as domestic violence. Burglary does not necessarily involve physical harm to victims.

Can I Go to Jail for Domestic Violence that Does Not Involve Physical Harm?

Possible jail or prison time is possible for many cases involving domestic violence, including those where the alleged victims are not physically harmed. Your risk of jail time and the duration of incarceration vary based on the overall nature of the alleged crime. Many cases involve sentences of probation or other penalties rather than jail time.

Charges for domestic violence that do not involve injuries may not always result in penalties as harsh as those for charges that involve physical harm. The degree of harm suffered by the victim may be an aggravating factor during sentencing. If there are no injuries, we may consider this a mitigating factor.

A major factor in sentencing for domestic violence charges is criminal history. If you have a history of violence or domestic violence, your sentencing will likely be harsher, even if there are no injuries involved in your current case.

Defending Against Charges for Domestic Violence without Physical Injuries

Proof of injuries is often a key piece of evidence in domestic violence cases. If there are no injuries to prove, prosecutors may have a harder time proving the case, as other evidence might be more limited.

One way we can fight the charges is to highlight the lack of injuries. Claims of abuse are hard to substantiate, and juries may hesitate to convict when there are no physical injuries. Also, the fact that there are no injuries may be considered as a mitigating factor in sentencing if a defendant is convicted.

Without injuries, it may be incredibly difficult for the prosecution to prove the case against you. This is especially important in cases where there is scant evidence of the alleged domestic violence. Many cases boil down to the victim’s word against the defendant’s, which is often not enough to satisfy the burden of proof in a criminal case.

If we cannot overcome the evidence, we might instead try to negotiate a plea bargain. A plea bargain may be more likely in cases where there are no actual physical injuries.

Can I Get Domestic Violence Charges Dropped in Washington if There Are No Physical Injuries?

Without physical injuries, prosecutors might have little evidence to build a case against you. As such, we might be in a better position to get the charges dropped or dismissed. Remember, this is not always possible, but it may be worth investigating if the evidence against you is somewhat weak.

If the evidence against you is insufficient, prosecutors may drop the charges, but they may refile them later if they discover new evidence. As long as you keep your distance from the person who accused you, you might be able to avoid being charged again later.

What if the Victim Lies About Being Injured in a Washington Domestic Violence Case?

When a person accuses their partner or someone who lives with them of domestic violence, but they have no injuries to speak of, we might want to consider the possibility that they are lying. False accusations of domestic violence are not uncommon in cases where the relationship between the defendant and victim recently went bad.

Can we prove their dishonesty? If they have no proof other than their word, the case against you may be very weak. We might not even need to prove that they are lying if they have no evidence to back up their false accusations.

Contact Our Washington Domestic Violence Defense Lawyers Right Away

Receive a private, free case evaluation by calling our Lakewood, WA domestic violence defense lawyers at the Law Offices of Smith & White at (253) 203-1645.