You might be surprised by how seriously misdemeanor domestic violence charges are handled in Federal Way. What might begin as a heated argument can escalate into a criminal charge once law enforcement becomes involved. In Federal Way, when police respond to a domestic violence call, their policy mandates that at least one party be taken into custody. This practice reflects the seriousness with which domestic violence allegations are treated, regardless of the circumstances.
Understanding Misdemeanor Domestic Violence Charges
Broad Definition of Misdemeanor Assault
The definition of misdemeanor assault is broader than most people realize. Prosecutors do not need evidence of physical injury to file charges. Instead, they only need to demonstrate that the alleged victim was placed in immediate fear of harmful or offensive contact and that this fear was reasonable.
This broad definition means that actions many would not commonly consider assault can still lead to criminal charges. Examples include flipping a hat off someone’s head, throwing water from a cup, or pretending to punch someone. All of these could meet the legal threshold for assault under this definition, underscoring the low bar for bringing charges.
What Constitutes Domestic Violence (DV)
For a charge to be classified as domestic violence (DV), the prosecutor must establish a specific relationship between the defendant and the alleged victim. Domestic violence is not a standalone charge but rather a designation applied to crimes like assault or malicious mischief when certain relationships exist. These relationships include:
- Current or former romantic partners.
- Family members related by blood or marriage.
- Current or former roommates.
When any of these relationships apply, the additional domestic violence allegation is added to the charge, heightening its seriousness and potential consequences.
The Role of the Prosecutor
Many people mistakenly believe that a domestic violence case cannot proceed without the alleged victim pressing charges. This is a misconception. Once the police are involved and the prosecutor determines there is sufficient evidence to support a charge, the case moves forward regardless of the alleged victim’s wishes.
At this point, the matter is no longer between the accused and the alleged victim. It becomes a legal action pursued by the City of Federal Way. The alleged victim’s preference not to press charges does not override the city’s decision to prosecute.
Why You Need Legal Representation
Navigating the complexities of a domestic violence charge requires experience and expertise. These cases can have far-reaching consequences, including potential jail time, fines, restraining orders, and long-term impacts on your reputation and personal relationships. Unraveling the legal process and effectively defending against such charges is not something you can manage on your own.
Domestic violence cases require a knowledgeable attorney to navigate the legal process and negotiate with the prosecution effectively. Avoid discussing your charges with the prosecutor directly and seek the expertise of a trusted Federal Way domestic violence attorney. If you are facing such charges in Federal Way, WA or the surrounding areas, call (253) 518-3643 for a free and confidential consultation.
If you have been charged with a domestic violence offense such as Assault 4 DV or Malicious Mischief 3 DV, it is crucial to seek legal counsel immediately. The Law Offices of Morgan Fletcher Benfield PLLC specialize in domestic violence defense and can provide the guidance and advocacy you need. Contact us today at (253) 518-3643 to protect your rights and begin building your defense.
