Aggressive, Respected, Experienced Representation
throughout King, Pierce and Snohomish Counties
If you have been arrested for a Domestic Violence related offense you are facing an extraordinary list of harsh penalties and consequences which may include potential jail time, stiff fines, a requirement that you provide a DNA samle, Domestic Violence Batterer's Treatment (usually one year in length), an order that you have no contact with the alleged victim, or other family members including your own children, removal from your home and the loss of right to possess firearms, for life.
After Hours call 253-951-0037
Investigation ∙ Preparation∙ Negotiation ∙ Trial
253-656-4829 ∙ 1-866-346-8448 ∙ Contact Us
Moreover, a domestic violence charge won't simply go away just because the people involved - even if it's the alleged victim - ask for it to go away. Sometimes, in what is referred to by prosecutors as a "victimless" or "reluctant witness" prosecution, the charges will be pursued without witness cooperation. You need the assistance of an experienced and aggressive criminal defense attorney.
The law office of Stewart Beall MacNichols & Harmell, Inc., P.S., provides the knowledge and experience that is necessary to ensure that your rights are protected and that you are treated fairly. Our attorneys have over sixty years of combined experience aggressively representing over a thousand persons charged with Domestic Violence related offenses at all stages of their criminal proceedings. If you are facing domestic violence charges, talk to a criminal defense lawyer at Stewart Beall MacNichols & Harmell, Inc., P.S., now.
253-656-4829 ∙ 1-866-346-8448 ∙ Contact Us
After Hours call 253-951-0037
At Stewart Beall MacNichols & Harmell, Inc., P.S., we know how confusing a Domestic Violence arrest and all its ramifications can be. For many of our client's their arrest is their first and last experience with the criminal justice system. The process can be unsettling at best, frightening at worst, and one that will, no doubt, result in many questions. We are available to answer those questions, twenty four (24) hours per day, seven (7) days per week, and to provide understanding and support, during what we recognize is a difficult time. If you have been arrested for a Domestic Violence offense, call or e-mail us now. One of our attorneys who practices in the area of Domestic Violence defense will get back to you, usually within an hour. Furthermore, we can arrange to meet with you immediately, including evenings and weekends, and the initial consultation is always free. Talk to us, we can and will answer your questions and address your concerns.
After Hours call 253-951-0037
How an individual charged with a Domestic Violence offense will be treated by the system will generally turn upon the strengths and weaknesses of the evidence available to the prosecution. As criminal defense lawyers, we work to weaken the prosecutor's evidence. One of the first things that we will do upon being retained on a case is to demand a copy of the police report. We then work with our client to analyze the report, as well as other evidence provided by both our client and the prosecution, to determine whether any legal arguments exist as to why evidence, such as the statements of the alleged accused, should be excluded from any trial.
Where legal arguments are available, we file motions, often extensive, on behalf of our clients to either exclude evidence or, where appropriate, to dismiss the case. If our arguments are successful, evidence will be excluded from trial and/or the case will be dismissed. Where evidence is excluded, it weakens the prosecution's case, increasing the likelihood that the prosecution will be more open to reasonable plea negotiations. Where a reasonable plea option is not available, we are experienced trial attorneys with a reputation for aggressively and successfully representing our clients at trial.
See our Domestic Violence Information Center for more information.
•· Experienced Domestic Violence defense lawyers: The attorneys at Stewart Beall MacNichols & Harmell, Inc., P.S., have represented well over a thousand people charged with Domestic Violence Related Offences including:
Assault Domestic Violence, Malicious Mischief (Property Destruction) Domestic Violence, Harassment Domestic Violence, Reckless Endangerment Domestic Violence Criminal Trespass Domestic Violence, Stalking Domestic Violence Display of or Intimidation with a Weapon Domestic Violence Violation of a No Contact Order Violation of a Protection Order, and Interfering With the Reporting of a Domestic Violence Incident Disorderly Conduct Domestic ViolenceTheft Domestic Violence
After Hours call 253-951-0037
Each client's unique circumstances are different, but for us, tremendously iimportant. Our goal is to obtain the very best possible outcome for each person who trusts us with their defense. To that end, we endeavor to bring the full power of the firm's sixty plus years of experience representing persons charged with domestic violence offenses to confront, challenge and defend each aspect of every client's case. Put simply, your SBMH attorney will aggressively and effectively represent you at every potential stage of your defense including arraignment, pre-trial, case setting, motions, omnibus hearing, readiness/jury call, and trial.
•· A lawyer at your arraignment: Your first court date will be an arraignment. At this hearing the court will generally advise you of the nature of the charge, the potential penalties associated with the charge and your rights. The judge may also review evidence that is available to the prosecution and make a finding of probable cause. Where this is done he or she may set conditions on your continued release or even require bail and take you into custody. It has become the standard practice in most courts to issue a No Contact Order at, or before, arraignment on a Domestic Violence charge. You are not required to go through this alone. You are entitled to be represented by an attorney. At Stewart Beall MacNichols & Harmell, Inc., P.S., we will advise you as to what needs to be done prior to your arraignment to begin preparing your defense and to limit the likelihood that you will be taken into custody. We will then stand with you at your arraignment, fight to keep you out of jail and make sure that all of your rights are protected.
•· Investigation of charges: Our law firm will fully investigate the Domestic Violence charge, working hard to discover any and all available evidence. This investigation is done with a purpose and we work aggressively to develop each of the available facts which might convince the prosecutor and, if necessary a jury, of your innocence. Furthermore, we look for irregularities and legal technicalities in the evidence and, if we believe that it was obtained improperly or is technically deficient, we will challenge it and, whenever possible, have it excluded. While each case is different, in our investigation we address questions such as: Did our client or the alleged victim make any statements and are they harmful to our case? Were their independent witnesses, what did they see? Do any of the witnesses have prior criminal history? Did anyone sustain an injury? If so, are there photographs? Medical records? Is there a 911 Tape, and is it helpful or harmful to our case? A SBMH defense lawyer will help you address these and other important issues associated with your case.
•· Negotiations/Motions: For many of our clients we have been successful in getting critical evidence suppressed, for others we have obtained a negotiated dismissal. While the evidence that will ultimately be available to the prosecution will vary case by case, in every circumstance our attorneys place themselves in the best possible position to negotiate the very best available outcome for each of our clients. Depending on the evidence available to the prosecutor, and the jurisdiction, we may be able to negotiate a plea to a lesser charge, an agreed order of continuance resulting in dismissal of the case upon compliance with conditions, or a specific sentencing recommendation. Of course, in some circumstances the prosecution simply refuses to agree to an acceptable disposition. When this happens, our attorneys are prepared to set our Domestic Violence cases for trial. And we will prepare and try the case using the full resources of our firm with the single ultimate purpose of a Not Guilty verdict. The decision whether to agree to a plea disposition or set the case for trial will, of course, be yours. But you will not be required to make it until you are confident that you have fully consulted with your SBMH attorney and he or she has explained the risks and benefits of each available option and made his or her recommendations.
•· Experienced Domestic Violence Trial Lawyers: While most of these cases resolve by way of a plea bargain including a plea to a lesser charge, agreed continuance with conditions or agreed sentencing recommendation, our law firm has extensive experience trying Assault Domestic Violence cases to a jury. Be Aware: many of the firms that claim to be experienced criminal defense attorneys have little or no actual trial experience. Cases are set for trial but, presumably as a result of fear or a lack of self confidence, clients are convinced to plead guilty to the charges as the cases approaches trial. Prosecutors are aware when lawyers and law firms are unwilling to take their cases to trial and this can impact the effectiveness of those attorneys during pre-trial negotiations.
Neither a lack of self confidence, nor fear, have ever been attributed to the attorneys at Stewart Beall MacNichols & Harmell, Inc., P.S. Our lawyers have been involved in over a hundred Domestic Violence jury trials. The reputation that we have earned for our preparedness and willingness to take these cases to trial is tremendously important. A person charged with a domestic violence offense needs an attorney with this reputation. It's even better when the lawyer is a recognized winner. Amongst other trial victories, our attorneys have won Domestic Violence jury trials for clients charged with Assault, Malicious Mischief, Harassment, Reckless Endangerment, Criminal Trespass, Stalking, Theft, Violation of a No Contact Order, Violation of a Protection Order and Interfering With the Reporting of a Domestic Violence Incident. We are recognized as aggressive, successful and experienced trial attorneys. Our firm's reputation and our attorney's skills allow us to approach each of our client's cases from a position of power. This generally results in the best available disposition for each of the persons who have trusted us with their defense. When we are not able to reach an agreement with the prosecution, each of our client's can be confident that their SBMH attorney is ready to aggressively defend them in front of a jury. This because when we go to trial we are fully prepared, and always intend on winning.
•· Answers to your questions: With so many issues to deal with after a Domestic Violence arrest, you will have a lot of questions. These questions might include:
What does it mean to be charged when an offense is labeled a domestic violence crime?
Answer: Under the law of the state of Washington the term "Domestic Violence" does not refer to a crime in and of itself. Rather, it is a designation given to certain criminal charges when the alleged victim of the crime is a household or family member as defined by the Revised Code of Washington.
Who is considered a household or family member for purposes of the domestic violence laws?
Answer: Under the law of the state of Washington on domestic violence persons are household or family member where they have a parent/child relationship, including step-parent/step-child, are siblings, have a grandparent/grandchild relationship, including step-grandparent/step-grand-child, are married or have been married in the past, live together or have lived together in the past, are dating or have dated in the past, and where they have a child in common.
What are the legal penalties and consequences associated with a Domestic Violence Conviction?
Answer: Domestic Violence charges carry a jail sentence and fines similar to the equivalent non-domestic violence charge. For instance, both a charge of Assault in the Fourth Degree, and Assault in the Fourth Degree - Domestic Violence, carry maximum penalties of one year in jail and a $5000.00 fine. That being said, when a criminal offense is identified as involving Domestic Violence, there are significant additional potential consequences that may come with a conviction. These include, but are not limited to: A No Contact Order, preventing the defendant from having contact with the victim, and potentially other family members, including his or her own children. These orders are significant because a violation of them will result in an additional criminal charge which, under certain circumstances, can be filed as a felony and even result in prison time. Persons convicted of Domestic Violence offenses are also likely to be required to attend Domestic Violence Batterer's Treatment and, if the incident was alcohol or drug related, Alcohol/Drug Treatment. Because of the treatment requirement associated with a domestic violence conviction almost all of those persons who are convicted are placed on monitored probation. Also, for some specific charges, such as Assault and Stalking, another consequence of a domestic violence conviction is the loss of right to possess firearms, for life. A Domestic Violence conviction can also interfere with child custody and visitation and, for some, have an impact on their employability.
What if the alleged victim does not want to pursue the charges?
Answer: Obviously a prosecutor will believe that he or she has a better case if the victim is "on board" with their prosecution. That being said, many jurisdictions will try and proceed with prosecution even where the alleged victim is not cooperating. There is a common misconception that the alleged victim has the ability "not to pursue" or to "drop" charges. This is simply not the case. In fact, a prosecutor may attempt to pursue his or her prosecution of a case even where the alleged victim is in no way willing to participate in the process. Prosecutors sometimes refer to this as a "victimless prosecution." In other cases the prosecutor may use a material witness warrant to arrest an alleged victim who refuses to participate voluntarily, and even hold him or her in jail until their testimony is needed. In other cases, the victim appears and is "recanting" by denying that the incident reported to the police occurred, or "minimizing" by claiming that the incident was less severe than was originally reported to the police, here, the prosecution may attempt to go forward by using their other available evidence and by discrediting the "recanting" or "minimizing" alleged victim. All of these cases present unique challenges and it is important an accused is represented by an attorney with experience in the area of Domestic Violence defense.
What is the impact of a Domestic Violence conviction on persons in the military or law enforcement?
Answer: It can be huge. Obviously, the loss of right to possess firearms can have a direct consequence on both persons pursuing a military career and persons involved in law enforcement. The attorneys at SBMH have represented well over a hundred military personnel on criminal cases, as well as law enforcement officers, including persons charged with criminal offenses designated as Domestic Violence and, wherever possible, we have worked to assist them in protecting their military careers.
For more complete answers to these and other questions concerning your domestic violence offense please call us during regular business hours at 253-656-4829 or 1-800-866-8448, and after hours at 253-951-0037. One of our attorneys is available seven (7) days a week, twenty-four (24) hoiurs per day.
• Representation throughout the state of Washington: The lawyers at Stewart Beall MacNichols & Harmell, Inc., P.S., have represented persons throughout the state of Washington, from Vancouver to Bellingham, and Ocean Shores to Chelan. We appear on a regular basis in every court in King, Pierce and Snohomish Counties, including the King and Pierce County Superior and District Courts, and the Seattle, Tacoma and Bellevue Municipal Courts. In fact, our lawyers aggressively represent persons on almost every court calendar in cities from Kent to Kirkland, Lakewood to Seatac, as well as Sammamish, Kenmore and Milton, and we regularly appear in the courts for the cities of Renton, Redmond, Bothell, Duvall, Kenmore, Shoreline, Tukwila, Burien, Des Moines, Federal Way, Auburn, Fife, Puyallup, Bonney Lake, Lynnwood and Everett.
• Free Initial Consultation: If you have been arrested on a Domestic Violence offense, you need a lawyer who answers your questions, makes you feel comfortable and fights for you. We recognize that most people arrested for one of these offenses has no idea what to expect with their case. For this reason both your first phone call and initial consultation with a SBMH attorney are free.
After Hours call 253-951-0037
If you have been arrested and charged with domestic violence, make sure you have a criminal defense attorney by your side defending your rights and preparing your defense. Call Stewart Beall MacNichols & Harmell, Inc., P.S. and talk to a lawyer now.
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Disclaimer: This information is not intended as legal advice or as a guarantee of the outcome of any future case. This is because every case has unique facts, and no one can ever guarantee results. Furthermore, this information does not establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.
