Washington Domestic Violence Attorney

The Law Office of Michael P. Sheehy recognizes that many times during the heat of an argument, partners are unaware of the consequences of making that call to the police, believing that the presence of law enforcement will defuse the situation. The sad truth is that law enforcement is usually left with little choice after an emergency call but to make a mandatory arrest, driving a further wedge of resentment between spouses. Often times, after an arrest you will not be allowed to have contact with family members.  You will have to move out of your house and will not be able to have any contact with the alleged victim including contact by phone or email.  If you contact them, you can be arrested a second time.  A simple argument between spouses can spiral out of control and lead to devastating and unattended consequences.  A conviction for a domestic violence offense has serious consequences including jail time, loss of firearm rights, immigration consequences, no contact with family members, and heavy monetary fines. 

In Washington, any offensive touching is considered a fourth degree assault regardless of the existence of visible injuries. Even a slight push is considered a fourth degree assault and is punishable up to a year in jail.  The State can charge and convict you of an assault even if the victim recants, changes his/ her story, or doesn’t appear for trial.  Although a victim’s wishes may be considered, ultimately it is the prosecutor’s decision on whether or not to proceed with the charges. 

In Washington, the Courts recognize three different ways of committing an assault in the fourth degree. See RCW 9A.36.041: http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.36

•  INTENTION TO INFLICT BODILY INJURY
• An attempt to inflict bodily injury on another, accompanied by an apparent present ability to do so. 
• For example, swinging a fist, but failing to connect with the victim is an assault.

• INTENTION TO CREATE APPREHENSION
• Intentionally creating in another person reasonable apprehension and fear of bodily injury, whether or not the actor actually intends to inflict or is incapable of inflicting that harm.  The conduct must go beyond mere threats; there must be physical action that creates a reasonable apprehension that injury is imminent. 
• For example, throwing a plate against a wall above a person’s head is an assault.

• INTENTIONALLY COMMITTING UNLAWFUL TOUCHING
• Intentionally committing an unlawful touching, regardless of whether physical harm results.
• For example, spitting in a person’s face or a slight push is considered an assault.

An assault in the third, second, or first degree are felonies and the maximum punishments are between 5 – 20 plus years in prison.  The degree of assault is determined by numerous factors including:

•    a weapon was used including guns, butcher knives and bottles
•    the victim sustained bodily harm, requiring more than first-aid at the scene
•    there are threats / intent to kill
•    child was assaulted,  bruising after spanking or more severe discipline
•    the person assaulted was in law enforcement, transit operator, or health care
  

In Washington, a mandatory arrest is required when the following factors are present:

• the suspect is 16 years or older

• the suspect assaulted a “family or household  member” within the  preceding 4 hours
  

• the officer believes that: (a) a felony assault occurred; (b) an assault has occurred which has resulted in bodily injury to the victim, regardless of whether it is observable; or (c) physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death  

 
Unfortunately, many people are arrested after the police arrive and listen to false or misleading allegations.   After an arrest, the court will set bail at the preliminary appearance.  An individual may be released on their personal recognizance (release without bail) unless one of the following 3 factors exists:

1) Appearance: The court is not “reasonably assured"; that the defendant will appear at subsequent hearings; or
2) Crimes: There is “shown a likely danger that an accused will commit a violent crime” which may include a misdemeanor.
3) Intimidation: There is shown a likely danger that an accused will intimidate a witness or “interfere with the administration of justice.”

The court will consider:
                        * how long the accused has been at his current residence
                        * employment status, employment history and financial condition
                        * family ties and relationships
                        * reputation, character and mental condition                                
                        * prior history of appearing in court
                        * criminal record of the accused
                        * willingness of others to vouch for reliability and help with compliance
                        * nature of the charge
                        * other factors indicating ties to the community
                        * record of threats to victims/witnesses or interference with witnesses
                          or the administration of justice         

If you bail out of jail or are released on your personal recognizance the court can place conditions of release including:

* placing restrictions on travel, association or place of abode
* require execution of a bond or cash bail
* prohibit the accused from going to certain premises or contacting certain
   persons                 
* prohibit the accused from possessing weapons, possessing or            
   consuming alcohol or nonprescription drugs or other activities

In many cases there are lawful defenses to an assault.  Lawful defenses include:

• General Denial – the victim fabricated the assault
• Mutual Combat – both parties assaulted each other and are equally at fault
• Self Defense -  a person was defending himself or another person or his property.  A lawful claim of self defense depends on several factors including:

*   The person claiming self defense was in fact in danger. 
*   The person had not provoked or invited that danger
*   The means which the person used were only those which were
     reasonably necessary to achieve the protection authorized by
     law. 
 *  The person was not engaged in criminal conduct substantially
     related to the events giving rise to the charge filed.
              

Remember, the Government can charge and convict you of an assault even if the victim recants, changes his/ her story, or doesn’t appear for trial.  You need to contact an experienced criminal lawyer who knows how to analyze the evidence and the strength of a case. Michael has handled thousands of assault cases as a prosecutor and as a defense attorney.   He knows how the criminal justice system works inside and out; and will provide the best defenses available for your case.  Michael will take the time and effort to explain “the system” and to discuss all of the options that are available to you during this emotional time.   

Disclaimer: this information is not intended as legal advice and is provided for illustrative purposes only. Please contact an attorney before making assumptions about your case.
        

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