University Place Domestic Violence

Charged With Domestic Violence in University Place?

When domestic violence is a factor in a relationship, everything can change in a single moment. What started as a simple quarrel can end in handcuffs and incarceration. A heated argument can end up leading to criminal prosecution, restraining orders, and even custody battles. One simple mistake can lead to a lifetime of regret and punishment.

If you or a loved one has been charged with Domestic Violence in University Place, you need to retain the legal counsel of a trusted Pierce County criminal defense attorney. Domestic violence charges stem from highly emotional situations, which means if you’ve been charged, you are probably hurt, angry, and even confused. You may have questions, like

  • Can I still be prosecuted for domestic violence in University Place if my spouse wants to drop the charges?
  • Is there a difference between domestic violence charges and assault charges in Washington state?
  • Do I need a lawyer in Pierce County to fight domestic violence charges even if I’m not guilty?
  • Why am I being charged with domestic violence if I got into a fight with my ex?

Prosecutors in Washington state take domestic violence charges seriously and are likely to pursue them vigorously. You should not attempt to handle these types of charges on your own. Even if you know the accusations against you are entirely false, you need a criminal defense attorney who handles these cases regularly to help you through the legal process.

A domestic violence charge is a reflection on your character; while it can cost you fines and even jail time, the worst loss can be the loss of respect from friends, children, colleagues, and neighbors.

We urge you to not waste any time and contact our Pierce County criminal defense attorneys as soon as possible to learn more about how we may be able to help with your domestic violence charges. We offer a free initial case consultation to each new client.

Domestic Violence Laws in Washington State Explained by a University Place Defense Attorney

Almost anyone can be charged with a domestic violence offense in Washington State. No single statute in the Revised Code of Washington (RCW) defines “domestic violence.” Rather, multiple codes contain aspects of a broad definition. What this means is that a variety of criminal charges including

  • Harassment
  • Stalking
  • Assault
  • Sexual assault and other sex crimes
  • Kidnapping

can be charged as domestic violence as long as the alleged crime is perpetrated against a “household member” or “intimate partner.” It’s important to note these specific terms because traditionally, Domestic violence was always referred to as spousal abuse. With the addition of these two terms, which cover a broad range of relationships as defined below by State statute RCW 26.50.010
“(a) Adult persons related by blood or marriage; (b) adult persons who are presently residing together or who have resided together in the past; and (c) persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.
(7) "Intimate partner" means: (a) Spouses, or domestic partners; (b) former spouses, or former domestic partners; (c) persons who have a child in common regardless of whether they have been married or have lived together at any time; (d) adult persons presently or previously residing together who have or have had a dating relationship; (e) persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship; and (f) persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship.”

Domestic violence is no longer considered to be just a crime between spouses.

Additionally, Washington state law requires all law enforcement officers responding to a domestic violence call to make an arrest and take someone to jail if the officer believes that they have probable cause to determine who was the primary aggressor in an act of domestic violence. The law does not require visible injuries, or an active warrant to make an arrest. Once an arrest has been made, even if the alleged victim of domestic violence decides to drop the charges against you, you may still be prosecuted for the charge by the government.

Domestic violence is an unfortunate and serious issue that can have unwanted legal consequences. Even the allegation of domestic violence can tear a family apart.

Our team of University Place criminal defense attorneys understands that domestic violence cases can be easily blown out of proportion. Emotional people are prone to spur of the moment errors in judgment. With knowledgeable and compassionate legal counsel on your side, you can begin to work toward a favorable outcome for your case.

Penalties for a Domestic Violence Conviction in Pierce County

Because Domestic Violence is a modifier term that can be applied to various charges, as outlined in the section above, penalties for each charge can range from light to severe depending upon what specific charges are filed and the details of the alleged crime.

All criminal charges in Washington state fall under two categories, misdemeanors and felonies. A misdemeanor is regarded as a more minor criminal offense, punishable by less than 12 months in jail. There are two categories of misdemeanors, defined by the punishments applicable to each charge.

  1. Simple Misdemeanors are punishable by up to 90 days in jail and/or up to a $1,000 fine.
  2. Gross Misdemeanors are punishable by up to 364 days in jail and/or up to a $5,000 fine.

All DV-related misdemeanor charges will be adjudicated in the Pierce County District Court, which is located in Tacoma.

Felonies are crimes that may be punishable by time in a state correctional facility, as opposed to county jail. These are the most serious criminal charges in Washington state. There are three levels of felony charges:

  1. Class A Felony- carries a sentence of up to life in prison and/or fines up to $50,000.
  2. Class B Felony- carries a sentence of up to 10 years in prison and/or fines of up to $20,000.
  3. Class C Felony- carries a sentence of up to 5 years in prison and/or fines of up to $10,000.

All felony trials are adjudicated at the Pierce County Superior Court, which is also located in Tacoma. If you would like more information about where your trial might be held, and why, please contact our firm for more information.

Why You Need a Pierce County Domestic Violence Defense Attorney

It’s a harsh truth that some people know and take advantage of the damage domestic violence allegations can inflict on a person’s reputation and freedom. These allegations can be used to gain advantages during a divorce, jeopardizing a person’s position in child custody and child support determinations.

Because the situations that can lead to a domestic battery charge can vary significantly, our University Place criminal defense lawyers will want to discuss all the details that led up to your arrest.

No matter what the circumstances of your charges, we will help protect your rights and work to provide you with an aggressive defense strategy. Our firm has over 50 combined years of experience practicing criminal defense in Washington state. Our firm will stand up and defend you against false allegations of domestic violence, making sure that the process is not abused.

There are two sides to every story. Contact us today so we can hear your side.

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Great service and follow up. Its a scary thing when you need a lawyer but Jason and his team make it less so. Very happy with our outcome. Scott Thibeault
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"I can't say enough great things about Jason Newcombe Law Office. I am retired military and I highly recommend Jason Newcombe Law Office. I reached out to Jason's office after sitting for hours reviewing multiple Domestic Violence Law Offices in King County. He responded before that day was over. I spoke with Jason's both in-person and by phone; felt very comfortable with his years of experience and straight talk. He took on my case, took me through the process with sound advice. The Attorney Erin Lane who accompanied me with my court appearances; can't praise and thank her enough for her time, selflessness and educational information prior to each court appearance. She made a really daunting task for me less fearful, given such grim circumstances. I am forever grateful for Jason and the Team of Attorneys." Tommy Harville
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