Tacoma Juvenile Criminal Defense Attorney

Although all citizens of Washington are expected to comply with the law, regardless of their maturity, the law presumes that children under a certain age lack the capacity to commit a crime. Thus, if a defendant charged with a criminal offense is under the age of twelve, the State must prove that the person understood the act he or she committed and knew that it was wrong. What constitutes evidence sufficient to overcome the presumption was discussed in a recent Washington assault case in which the court found the State failed to meet its burden of proof and reversed the defendant’s conviction. If you or your child are charged with assault, it is critical to retain a seasoned Washington assault defense attorney to assist you in fighting to protect your rights.

Juvenile Capacity to Commit Crimes

Under Washington law, a child between the ages of eight and twelve is presumed to lack the capacity to commit a crime. The presumption, which is referred to as the infancy defense, protects children, who are less capable than adults of understanding the wrongful nature of their behavior, from the criminal justice system. Thus, if the State wishes to overcome the presumption, it must show that the child had the ability to understand his or her behavior and to know that it was wrong.

Further, the presumption can only be overcome by evidence that is convincing and clear. In other words, it must demonstrate that it was highly probable that the child understood the nature of his or her act. A court weighing whether a child had the capacity to commit a crime will weigh several factors, including the nature of the crime, the child’s age, consequences of the conduct, and any acknowledgment that it was wrong.

While the State does not need to prove a child had actual knowledge of the repercussions of his or her conduct, the law is clear that the State must show that the child could harbor criminal intent to prove capacity. In the subject case, though, the trial court stated that criminal intent had nothing to do with capacity findings. Thus, the appellate court found that the trial court incorrectly applied the standard and reversed the finding of capacity.

Juvenile Charges Can Be Serious

Felony charges, whether it’s your first time encountering the law or not, can upend your world in an instant. More severe than misdemeanors, felonies leave a long shadow over one’s life, carrying penalties that could include extended prison time and crushing fines. Let’s journey through the nuances of felony law and how Tacoma attorneys navigate the specifics of Pierce County’s justice system.

The Difference Between Felonies and Misdemeanors

Felonies are characterized by their gravity. While misdemeanors typically result in less than a year in jail and lighter fines, felonies can impose years-long prison sentences and fines that may exceed tens of thousands of dollars.

How a Criminal Case Works in Tacoma, WA

Arraignment: A defendant’s first official encounter with the charges against them. It’s where the accused will hear the indictment read and have their opportunity to enter a plea.

Omnibus Hearings: These involve a series of legal dances where negotiations happen, motions are filed and evidence is examined. Here, defense attorneys work to challenge evidence and set the stage for a favorable outcome.

Trial: For felonies, trials typically involve a jury of peers. Evidence, expert witness testimonies, and persuasive arguments form the heart of a defense attorney’s strategy.

Sentencing: The stakes loom largest here. The sentencing phase is determined by the severity of the crime and the defendant’s past record, often resulting in life-altering consequences.

An interesting aspect of Pierce County Superior Court proceedings is that it can be difficult for observers to know if and when a proceeding is taking place.  Many of the “hearings” do not appear in court and are handled off the record.  This is very efficient to processing cases but can be confusing and un-informative for onlookers.  The best way to know what happened with a case and whether there will actually be an in courtroom hearing or not is to ask the defense attorney on the matter.

A Recent Juvenile Defense Example

It was reported that our clients and defendant, who was eleven years old, was confined to a juvenile detention center after she was charged with assaulting her grandmother, who was her legal guardian. While she was at the center, she was diagnosed with post-traumatic stress disorder, oppositional defiant disorder, and attention deficit hyperactive disorder, stemming from her troubled and traumatic childhood when she lived with her parents who suffered from mental illness and drug addiction.

Allegedly, while the defendant was at the detention center, she was charged with custodial assault. Before the trial on the custodial assault charge, the court held a capacity hearing and ultimately found that the defendant possessed the ability to commit the charged offense. The defendant appealed, arguing that the trial court incorrectly understood the law regarding juvenile capacity and therefore applied the wrong standard.

Our Tacoma Juvenile Criminal Defense Attorneys Can Help

Children that are charged with crimes have numerous protections under the law, and in many cases, the charges against them will be dismissed. If your child was charged with assault, the skillful Washington assault defense attorneys of The Law Offices of Smith & White can advise you of your child’s rights and aid you in seeking the best result possible under the facts of your case.  We can be contacted through our online form or at (253) 203-1645 to set up a meeting.

How Experienced Juvenile Defense Attorneys Make a Difference

For one, as mentioned above, they can keep you informed as to what is happening with a case.  Beyond that, Pierce County attorneys defending against juvenile charges understand the unique dance of the courtroom. Their role isn’t just legal; they become strategists, mentors, and tacticians in the high-stakes game of defense.

They Dig Into the Specifics of Each Case

Craft Defenses: Whether it’s uncovering prosecutorial overreach or dissecting evidence flaws, building a robust strategy is essential.
Navigate Pierce County’s Court System: Familiarity with judges, prosecutors, and the local legal landscape makes all the difference when understanding relationships and making effective arguments.

Mitigate Sentences: Even in cases where a conviction seems inevitable, a felony attorney can negotiate for alternative sentencing options or reduced penalties.
Conclusion:

Facing juvenile charges in Tacoma means stepping into a legal arena where the stakes are incredibly high. However, by understanding the specific nature of the charges and leveraging the local expertise of seasoned Tacoma felony attorneys, one can confidently navigate the labyrinthine halls of Pierce County courts.