Domestic Violence & Malicious Mischief Lawyer in Everett, WA

Our Defense Strategy Against Domestic Violence Charges

Our defense is focused on challenging the reliability of the evidence, the credibility of the witnesses, and the state's ability to prove the domestic violence designation beyond a reasonable doubt.

• Challenging the allegations: We investigate whether the allegations were made during a moment of intense argument, out of spite, or in a divorce or custody dispute, which can undermine the prosecution’s case.
• Self-defense: We aggressively pursue the defense of self-defense, proving that your actions were reasonable and necessary to prevent imminent harm to yourself or others.
• Challenging the designation: While the relationship may be domestic, we challenge the underlying factual basis for assault or a property damage claim.

The Severe Impact of Domestic Violence Charges

Under RCW 10.99.020, "domestic violence" means physical harm, assault, attempted physical harm, or infliction of fear of imminent physical harm, sexual assault, or stalking committed by one family or household member against another.

The legal relationship between the parties that triggers the DV designation includes:

• Current or former married couples
• Persons who have a child in common
• Adults who are or were residing together (including roommates)
• Intimate partners

In Washington State, a DV designation is not a separate crime; it is an aggravating designation applied to crimes committed against a family or household member. The consequences are immediate and far-reaching.

• Immediate loss of freedom and home: Upon arrest, the court issues a mandatory no-contact order (NCO). This order often requires you to move out of your shared home, prohibits all contact with the alleged victim and children, and remains in effect throughout the case and possibly for years afterward.
• Permanent loss of firearm rights: Any conviction for a DV crime (even a misdemeanor like fourth-degree assault or malicious mischief with a DV designation) results in a lifetime federal ban on owning or possessing firearms.
• Mandatory sentencing: Convictions carry mandatory minimum penalties, often including jail time, lengthy probation, mandatory domestic violence treatment (DV perpetrator treatment), and fines.
• Stigma and employment: A DV conviction is a serious black mark on your permanent record, severely limiting future employment, housing, and educational opportunities.