Lakewood Domestic Violence Defense Lawyer
Despite what many people think, domestic violence does not just refer to physical altercations. Many offenses are domestic violence when the alleged victim is your spouse, unmarried partner, or another household or family member. We help defendants facing different charges from domestic violence, which range from gross misdemeanors to class A felonies.
Defenses to common domestic violence charges include self-defense and false allegations. Prosecutors who lack alleged victims who are willing to testify or other evidence may fail to convict. Not all domestic violence arrests will lead to official charges. Some domestic violence trials take longer than others, depending on the number of witnesses who testify and the other evidence either side presents.
Call the domestic violence defense lawyers of the Law Offices of Smith & White at (253) 525-8036 for help today.
Is Domestic Violence Always Physical in Lakewood?
Domestic violence is not a specific criminal charge. Instead, it is many different criminal acts when they are committed against family member, household member, or intimate partner.
Physical and non-physical altercations might lead to arrests for domestic violence. While assault is considered domestic violence under RCW 10.99.020(4), so is stalking and criminal trespass. Neither may involve any physical contact with an alleged victim but might still end in an arrest.
Violating a restraining order or protection order is also considered domestic violence in Washington, which may also be non-physical.
What Are Common Domestic Violence Charges in Lakewood?
How domestic violence gets charged depends on the crime you are accused of committing against a member of your family, household, or an intimate partner.
Less Serious Charges
Accusations of domestic violence often involve assault. Assault in the fourth degree is a common domestic violence charge. It is typically a gross misdemeanor, which carries a maximum sentence of 364 days in jail and fines of up to $5,000. You may not get any jail time for a first arrest and may only get probation. Probation generally comes with strict rules, such as not being able to see children shared with an alleged victim.
Moderate Charges
Violating a protection order is charged as a class C felony if you already have two previous violations, according to 7.105.450(5). Even for making no physical contact, you might face up to five years in prison. Class C felonies also come with possible fines of up to $10,000.
Most Serious Charges
Several class A felonies are also domestic violence, including rape or assault in the first degree of an intimate partner, household member, or family member. The maximum sentence for class A felonies is life imprisonment.
How Can I Defend Myself Against Domestic Violence Charges in Lakewood?
How we handle your defense depends on the charges, the circumstances of your arrest, and the available evidence. The more time we have to work on your defense the better, so call us about your case immediately.
Self-Defense
If you were arrested after an altercation with a family member at home, tell us what happened. Tell us if you were acting in self-defense and if police officers arrested the wrong individual when they arrived. Being honest about what happened is important, even if it places the blame on someone else.
False Allegations
To show the allegations against you are false, we may use texts, emails, social media interactions, and other correspondence between you and the alleged victim. If they confided in a witness their allegations were false, we may have that witness testify in your defense.
Lack of Evidence
10.31.100 sometimes lets police officers make arrests without warrants if they have probable cause to think domestic violence occurred. If officers completely misunderstand a situation and wrongly arrest you, the prosecution may not have enough evidence to file charges against you.
Even if charges are filed, the prosecution having no complaining witness or other meaningful evidence may lead to a favorable jury verdict for you.
How High is Bail in Lakewood Domestic Violence Criminal Cases?
Bail in domestic violence cases varies, depending on the specific charges filed. Like most states, Washington takes domestic violence seriously. Even if bail is not high, the judge may order no contact between you and the alleged victim during the trial.
Bail is generally lower for defendants with no criminal records, who have strong ties to the community, and who are low flight risks. Judges typically make bail higher when defendants are charged with very serious offenses, like rape or kidnapping, or if this is their second or third arrest.
You might even get “released on your own recognizance,” meaning without having to pay any bail. Still, the judge may warn you from returning to a shared residence with the alleged victim or contacting them or any shared children, which you must abide by.
How Long Are Criminal Trials for Domestic Violence in Lakewood?
Criminal trials might take months to start and years to complete. We can help your loved ones post your bail so you can participate in your defense from home rather than a jail cell.
Trials with a lot of, photos, medical records, police reports, witnesses, and other evidence take longer than trials where prosecutors have no complaining witness who will testify.
Our domestic violence defense lawyers will update you on the jury selection process, notify you of mandatory court appearances, and may even prepare you to testify during the trial. We can determine if it benefits you to testify in your defense or not after the prosecution rests their case.
A trial might end prematurely if we successfully motion for a mistrial. Judges may also grant mistrials if juries cannot unanimously agree on a verdict. If a mistrial happens, the prosecution may or not may retry the case.
Call Our Lakewood Defense Lawyers Now
Call our domestic violence defense lawyers at (253) 525-8036 for help from Law Offices of Smith & White.