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University Place Domestic Violence Defense Lawyer

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    Police officers commonly make arrests when responding to domestic violence calls, as they can do so if they have probable cause, even without a warrant. These situations often unfold quickly, leaving arrested individuals understandably concerned. To get the resolution you need as fast as possible, call our lawyers.

    You may have to appear in court within the following day for domestic violence charges in Washington, so waste no time contacting us after an arrest. Do not explain yourself to police officers without us in the room, and make sure to invoke your right to remain silent immediately. The consequences of domestic violence convictions are long-lasting, and we work hard to defend clients against such serious and life-altering allegations.

    For help with your case from our domestic violence defense lawyers, call the Law Offices of Smith & White today at (253) 525-8036.

    How Do Domestic Violence Arrests Happen in University Place?

    Domestic violence arrests typically happen without a warrant when police officers respond to 911 calls about domestic disturbances. Law enforcement officers are encouraged to protect those they believe are the victims but sometimes arrest the wrong individual as a result.

    RCW 10.99.030(2)(a) lets police officers make arrests without warrants if they have probable cause to believe domestic violence has occurred between intimate partners or household or family members.

    After officers respond to 911 calls and before they make arrests, they must separate and question any involved parties. They can ask about and seize any firearms in the home and advise the alleged victim of their ability to press charges if officers do not make an arrest at the scene.

    Domestic violence arrests often occur without a warrant, and police officers might seriously misinterpret situations, arresting the victim, not the aggressor. Tell us if you were only defending yourself against someone or if you were otherwise wrongly arrested for domestic violence in Washington.

    What Should You Do During a Domestic Violence Arrest?

    If police officers arriving at your home ends with you walking away in handcuffs because of a domestic violence call, try to stay calm. While you might already be emotional before officers arrive, and getting arrested might only exacerbate your emotions, you must pay attention.

    While police officers do not need a warrant to arrest you for domestic violence if they have probable cause, they do need to read you your rights. If officers do not advise you of your right to remain silent or your right to an attorney, tell us as soon as possible.

    Pay attention to everything officers do and say, as rights violations any lead to evidence being suppressed or charges getting dropped.

    While you might be shocked by police arresting you for domestic violence, do not resist. That could result in an additional misdemeanor charge under 9A.76.040.

    What Are the Consequences of Domestic Violence Convictions in University Place?

    Criminal convictions concerning domestic violence are seriously penalized in Washington. In addition to possible jail time and fines, you may face reputational and personal consequences that we can help mitigate.

    Jail Time

    Jail time is an obvious consequence of conviction for domestic violence-related charges. Several domestic violence charges are class A felonies, including assault and rape in the first degree.

    One of the most common domestic violence charges is assault in the fourth degree, which is a gross misdemeanor in Washington. A conviction gets you up to 364 days in jail unless you have two or more convictions for assault in the fourth degree involving domestic violence, in which case the charge elevates to a class C felony. The potential prison sentence then increases dramatically to five years.

    Fines and Restitution

    Having to pay fines and restitution for domestic violence convictions is very common. Fines maybe thousands of dollars, even for gross misdemeanor domestic violence charges.

    Protection Orders

    Witnesses sometimes seek protection orders or restraining orders against defendants who have been convicted of domestic violence charges in University Place. Protection orders may prevent you from returning to a shared house, spending time with your children, visiting their school, and having any communication with the protection order petitioner.

    Reputational Consequences

    The reputational consequences of domestic violence-related charges may be more detrimental than jail time or fines. Getting convictions vacated may lessen those consequences. There are several requirements to vacate a domestic violence conviction in Washington, and not all defendants are eligible. Misdemeanors and gross misdemeanors may be vacated after five years, but only under certain conditions. The eligibility criteria to vacate class C or B conviction are even harder to meet, but possible we our domestic violence defense lawyers’ help.

    What Should You Do After a Domestic Violence Arrest?

    Call us right a domestic violence arrest in University Place. 10.99.045(1) states that defendants arrested for domestic violence offenses must appear before a judge within a day of an arrest. You need an experienced criminal defense attorney by your side during all court appearances, so call us immediately.

    Do not have any conversations with police officers without the presence of our lawyers. If they have already arrested you on domestic violence-related charges, officers likely have unfair preconceived notions about your character. Even if they seem like they are on your side, they may just be trying to get you to say something incriminating, which we can prevent by overseeing all police questioning.

    Tell us everything you remember leading up to the arrest, including any altercations with others. Tell us if you are at all injured, as you may need to get assessed for defensive wounds, generating medical evidence that helps your defense.

    Avoid speaking to the alleged victim throughout a criminal trial, but give us any correspondence like texts, phone calls, emails, or other evidence that may help your defense.

    Call Us About Your Defense Against Domestic Violence Charges in University Place

    For help with your case, call the Law Offices of Smith & White’s domestic violence defense lawyers at (253) 525-8036.