Penalties for Domestic Violence (RCW 26.50.010) 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.
One of the worst tragedies in our society today is that of domestic violence. One of the most surprising statistics that you can find if you look is that every 37.8 seconds there is a man being physically abused. This is surprising because the research seems mostly to concern itself with women victims and it is generally known that there is a woman being abused just as frequently if not more so. There is no formula for why it happens. Yes there are common risk factors and those will be examined but even if all the risk factors exist in a household there is no guarantee that physical violence will happen. Conversely, even if none of the risk factors are present there is no guarantee that violence will not happen. Anyone can be a perpetrator. Anyone can be a victim. Anyone can be accused too – if you find yourself in this situation you will want to consult a defense attorney as quickly as possible.
Definition
RCW 26.50.010 defines domestic violence as one of the following crimes: assault, bodily injury, physical harm (or inflicting a fear of imminent assault, bodily injury, or physical harm), sexual assault, or stalking of an intimate partner by another intimate partner. It can also include these actions when one family or household member perpetrates them against another family or household member.
Washington’s Criminal Procedure Code also lists various crimes as domestic violence if they involve harm or threats of harm. These crimescan include serious offenses like assault, kidnapping and rape but also include things like breaking into someone’s home (burglary) or not following a court’s protective order. The critical thing that makes an act of domestic violence is the relationship of the alleged perpetrator to the alleged victim. Any dating, intimate, co-habiting or family relationship can be the basis of adding the domestic violence designation to any other crime.
For help with your case, call the Washington domestic violence defense lawyers at the Law Offices of Smith & White at (253) 203-1645.
How Are Domestic Violence-Related Offenses Classified?
Crimes are generally classified 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 are classified as class A, B, or C felonies, with different maximum jail terms and fines for each.
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.
What is Considered a “Partner” in Washington Domestic Violence Cases?
In Washington, an intimate partner is a spouse, domestic partner, ex-spouse, former domestic partner, someone with whom there is a child in common, people previously or currently living together while dating, or people at least 16 years old with whom the victim had a dating relationship while 16 or older. Family or household members include adults living together currently or in the past, people with a legal or biological parent-child relationship, blood relatives, or relatives by marriage.
How Can You Be Charged for Domestic Violence in Washington?
Money-Related Arguments that Escalate
Most, if not all, relationship or marriage counselors say that the most common arguments between couples are money related. Arguments lead to fights and fights may lead to violence if either partner is so inclined. So, is it any surprise that poverty, extreme low income, unemployment and underemployment are all listed as high risk factors for domestic violence. These circumstances are usually caused by uncontrollable events. That does not mean they have to be accepted as the status quo. Whether it means going back to school or hitting the job market it would be best to try to get out of this situation.
A History of Drug Offenses
Another unsurprising risk factor is if either or both partners have an alcohol or drug problem. Overuse of any mind altering substance can lead to behavior that otherwise the person would never consider. Could this include violence? Of course it could. Will the person be sorry when they sober up? Generally but the damage will have been done and considering that the person had used something that made them act differently than they would. The same is true of mental illness which is another high risk factor. The sweetest lady or gentlest man can turn into a monster in the face of an untreated mental illness. The good news for sufferers of alcoholism, drug addiction or any mental illness is that there are places designed to nonjudgmentally provide the help you need.
A History of Violent Disturbances
An obvious risk factor of a potentially violent relationship is if one of the partners has been violent in the past towards other partners. People can change but it takes work. Have you ever noticed about yourself, especially if you have ever tried to break a habit or start a new activity, that it is so easy and so tempting just to go back to what has been your usual routine in the past? That is the truth of human nature. So it is true of those who have done violence in the past. If you have a partner that has been violent in the past it is not an automatic guarantee that the behavior will be repeated but it would be wise to remain aware and alert.
Children Being Present
One of the more common risk factors is that if a child witnesses or is the victim of domestic violence while growing up it is possible that they will grow up to become a perpetrator or victim themselves. The reason for this is that as we all know children need role models. The most accessible role model are the child’s own parents. In fact, they cannot help but use them as such. It seems to be wired into their makeup. This can of course be either positive or negative. If a child grows up watching one parent hit the other parent their young psyche, even if they do not know it, will come to believe that that is how one treats the opposite sex. If they are the same gender as the perpetrator they will grow up thinking that violence towards the opposite sex is acceptable or perhaps even expected. If they are the same gender as the victim they may grow up thinking that they should also accept like treatment. It is usually advised that people with such a background would be wise to look into counseling so that the pattern can stop with them. Whether they feel fear, pain or anger over their past they do generally know that it was tragic and would prefer not to continue a vicious cycle.
Family-Issues
Allegations can arise from various situations, sometimes fueled by jealousy or anger. People might make these claims during a rough stretch, divorce or a battle over child custody. Even when these allegations are exaggerated or made for the wrong reasons, they can be hard to fight. The reasons include:
- There are laws in place that pursue charges even if the accuser wants to drop them.
- There is a public bias where people immediately assume the defendant is guilty even before the trial
- These incidents usually don’t have witnesses to contest the charges.
Parents can find themselves grappling with domestic abuse issues if their college-aged child or adult offspring faces domestic violence charges. The stakes are incredibly high- not only is there immediate concern about the potential legal consequences, but there’s also the looming threat of long-term repercussions.
A conviction could tarnish their future, leaving a permanent mark on their criminal record and potentially lead to listing their name on a sex offender registry. It could close doors to career opportunities, higher education, and even housing. It is imperative that parents and family members act swiftly, possibly preventing these severe outcomes that sidetrack the accused’s prospects and reputation.
Violating a Restraining Orders
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.
Violating the terms of a restraining order constitutes a second crime – also a domestic violence offense – and can mean additional charges, jail time, and fines if you are convicted.
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.
Violating a No-Contact Order
Violating a no-contact order can result in immediate arrest in Washington. If you are out on bail, probation, or parole, it may be revoked if you violate a no-contact order. Even if you think an order is unfair because it keeps you from your home or your children, violating it could jeopardize your freedom and case.
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 five business days.
Related Offenses
Each domestic violence case involves an underlying charge. From assault to stalking to rape, these crimes each have their own penalties. 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 instance, if you assaulted not only your estranged spouse but also her new boyfriend, you might face additional assault charges. Sometimes firearms charges are brought. For instance, if you used a gun to assault your ex-spouse, even though you were under a restraining order that forbade you from going near your ex or possessing guns, you could face charges for firearms possession and violation of a restraining order.
Many forms of intimate or familial violence are penalized. For instance, you could be guilty of stalking if you intentionally and repeatedly harassed or followed another person without lawful authority and under circumstances that did not constitute a felony attempt of another crime, and the intimate partner or family or household member being harassed or followed feared that you were intending to injure them or other property. Generally, the feeling of fear needs to be of a sort that a reasonable person in the same situation would experience under all circumstances, and the prosecutor must also show that you intended to harass, intimidate, or frighten the other person.
Alternatively, the prosecutor could show that you should reasonably have known that the victim was harassed, intimidated, or afraid, even if you did not mean to cause fear. For example, if you followed your stepmother while brandishing a knife, you could be charged with domestic violence. Similarly, if you lived with your elderly grandfather and hit him in frustration, you could be charged with domestic violence assault.
Penalties for a Domestic Violence Conviction in Washington
Often, domestic violence is charged as a gross misdemeanor. For instance, if you are charged with stalking a family member, you might face gross misdemeanor charges. However, if you were previously convicted of a crime of harassment of the same victim or members of that person’s family or someone specifically named in a protective order, you could be found guilty of a class B felony. The sentence for a class B felony could involve a prison term of up to 10 years, along with a fine of a maximum of $20,000.
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 may seek to deny bail on the grounds that you pose 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 re-arrest.
Maximum Prison Sentences for Domestic Violence in Washington
Maximum prison sentences for domestic violence-related charges vary, depending on the severity of the offense.
Class A Felonies
If you are charged and convicted of committing a class A felony offense against an intimate partner or household member, you could face up to life in prison in Washington. Class A domestic violence-related felonies include rape and assault in the first degree. There is no minimum prison sentence for class A felony convictions in Washington.
Class B Felonies
Class B felony convictions carry a potential prison sentence of up to 10 years, with no minimum sentence. Class B domestic violence felonies include assault in the second degree and burglary in the first degree, which is charged as a class B felony when committed against an intimate partner or household member.
Class C Felonies
Anyone convicted of a class C felony for a domestic violence incident in Washington faces up to five years in prison. Offenses that risk such penalties include assault in the third degree, stalking, and coercion.
Misdemeanors and Gross Misdemeanors
Gross misdemeanor convictions can result in up to 364 days in jail, whereas misdemeanors are punishable by up to 90 days in jail. Defendants may be charged with gross misdemeanors for assault in the fourth degree, which is elevated in a domestic violence context, as well as harassment and violating no-contact orders.
Is There Increased Jail Time for Domestic Violence?
When you are charged with a domestic violence offense, 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.
Furthermore, 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 taken into account 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.
What Aggravating Factors Can Increase Domestic Violence Penalties?
The following aggravating factors may worsen the domestic violence penalties you face:
- Previous domestic violence convictions
- The victim sustained serious bodily injuries
- Use of a deadly weapon during the offense
What Mitigating Factors Can Decrease Domestic Violence Penalties?
The following aggravating factors may lessen the domestic violence penalties you face:
- No prior domestic violence convictions
- Cooperation with law enforcement
- Good prospect for rehabilitation
Fines for Domestic Violence Offenses in Washington
Fines are a common consequence of domestic violence convictions, and an additional penalty of $100 to $115 is assessed for domestic violence convictions. The money from these fines is put together to fund advocacy and prevention programs benefiting domestic violence victims across the state.
Class A Felonies
In addition to prison time, being convicted of a class A domestic violence-related felony risks up to a $50,000 fine.
Class B Felonies
For a class B felony conviction in Utah, the maximum fine is $20,000.
Class C Felonies
If convicted of a class C felony, you may have to pay up to $10,000.
Misdemeanors and Gross Misdemeanors
Gross misdemeanor convictions carry fines of up to $5,000, and misdemeanors carry fines of up to $1,000.
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.
Can You Avoid 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 your sentence. 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.
Defenses to Domestic Violence in Washington State
Defending a loved one against domestic violence charges is challenging but not impossible. An experienced defense attorney knows how to investigate the case, use evidence that might not be directly related, like texts or emails, and show the court why the person making accusations might have a reason to lie. Sometimes, the defense can get the charges thrown out, make them less serious, or even win the case at trial.
The circumstances will dictate what would constitute a strong defense. Defenses may include a failure to establish the crime beyond a reasonable doubt, issues of credibility, and justifiable force. For instance, questioning credibility may be appropriate when the accuser has a history of making false statements. It could also be appropriate if there is no evidence related to a physical injury that would support a domestic violence charge. Sometimes the use of force is justified under Washington law because it is used in self-defense or defense of another person. The use of force needs to be reasonable and must be necessary to prevent or try to prevent a threatened offense.
In other cases, it may be possible to argue that the domestic violence was accidental. We may be able to point to evidence of a good relationship and the victim’s refusal to testify against you as part of your defense.
Can You Expunge a Domestic Violence Conviction?
You may be able to expunge a previous domestic violence conviction if enough time has passed. Sexual offenses and violent felonies are not expungable in Washington.
Can Domestic Violence Convictions Impact Child Custody?
No-contact orders often preclude defendants from seeing their children in the short term, and domestic violence convictions can be used against parents seeking partial custody of their children or even visitation rights.
Do You Need a Lawyer to Avoid Domestic Violence Penalties?
Without an attorney, you may accidentally say something incriminating when speaking with police, get convinced to accept a bad plea deal from the prosecution, or launch an ineffective defense against domestic violence-related charges.
Call Our Domestic Violence Defense Lawyers in Washington State Today
At The Law Offices of Smith & White, PLLC, our Tacoma domestic violence lawyers provide a strong defense to charges brought under RCW 26.50.010 and answer our phones 24/7. We can advise you on your options so that you can consider your path forward. Legal representation with financing is available so that cost does not need to be a concern. For help with your case, call Smith & White’s Washington domestic violence lawyers at (253) 203-1645.