Saturday, April 24, 2010

You did what to who??

In Washington State harassment is defined as any threat to cause bodily injury, or physical damage to property, or to restrain or confine another person, or to perform any act intended to substantially harm another person mentally and/ or physically. It is important to understand that if you have a previous conviction for harassment, or the allegation of harassment includes a threat to kill another person, the charge is a Class C Felony. A Seattle criminal lawyer can help you reach the best resolution through investigating and analyzing, and negotiating with the State Prosecutors who bring charges upon you. Another crime against a person, is Malicious Mischief

Malicious Mischief in Washington means knowingly and maliciously causing damage to the property of another. Criminal charges for malicious mischief can arise when an individual, in a moment of anger (or sometimes even accidentally) causes damage to someone else’s property. The following are some unfortunate examples of when the government might file malicious mischief charges: (1) a window gets broken because someone slams a door during an argument, or (2) something gets knocked over and broken while a person is attempting to back away from a potentially volatile confrontation. Damaging another’s property at your home or that of a family member can result in malicious mischief charges being filed with a domestic violence charge in Washington State.

The Seattle criminal attorneys that make up the criminal defense team of SQ Attorneys, located in Western Washington, is a very skilled and experienced team dedicated to providing effective, aggressive representation for those charged with assault, harassment and/or Malicious Mischief in Western Washington. The team creates success by not only working with alleged victims to develop a relationship and encourage positive communication, but the team also works with law enforcement and the prosecuting attorney’s office to ensure that all facts and circumstances related to the allegations are considered in creating an equitable and fair resolution.

Sunday, April 18, 2010

Robbery??? Whats that??

It is imperative for one to consult with a Seattle criminal defense lawyer any time you are being investigated for a serious felony matter. One such serious felony is robbery. A person is guilty of Robbery in the First Degree in Washington State if during the act or immediate flight from robbery the defendant is armed with a deadly weapon, displays what appears to be a deadly weapon, inflicts bodily injury on another, or commits the crime within and against a financial institution. Robbery in the First Degree Robbery is a Class A felony. A person is guilty of Robbery in the Second Degree in Washington State if no weapon is used or nobody is injured, and the act is not committed against a financial institution. Robbery in the Second Degree is a Class B felony. Robbery Related charges can include, crimes such as grand theft, petty theft, armed robbery or aggravated robbery.

Some basic examples of robbery are: (1) the taking of property, including money, from a victim at gunpoint or (2) knocking the victim unconscious and then taking his or her property. The property taken must be on the person (a wallet in a pocket, a purse on a shoulder, for example), or so near to the person that, if not for the violence or threat of violence, the person could have prevented its taking. A Seattle criminal attorney is able to analyze such a serious matter, investigate to the fullest extent and protect the defendants rights and make sure that law enforcement followed proper procedure in conducting their investigation.

Sunday, April 11, 2010

How is my DUI a felony?

Within the past decade the Washington State’s Legislature has made extensive efforts to crack down on those individuals who drive while under the influence of alcohol, drugs and/or both alcohol and drugs. The Washington State Legislature’s point of emphasis has not only been to curtail first time offenders of Washington State’s DUI laws, but also repeat offenders. In July, 2007, Washington State took the initiative to pass a law that under certain circumstances makes it a Felony (not a Gross Misdemeanor) to be driving under the influence in Washington State. Since the summer of 2007, a person may be charged with Felony DUI in Washington State if: (1) the driver has a history of four or more DUI convictions within the past 10 years, inclusive of successfully completed Deferred Prosecutions and/or reduced charges such as Negligent Driving First Degree, Reckless Driving, and Reckless Endangerment; or (2) the driver has previously been convicted of an alcohol/ drug related vehicular homicide or vehicular assault any time in the past.

It goes without saying that any criminal conviction carries with it undesired penalties and obligations, but a Felony DUI conviction is the most intrusive and stigmatizing conviction a person can receive in Washington State; a Felony DUI conviction carries with it significantly higher penalties than a Gross Misdemeanor DUI conviction, and it may have far greater long term implications on a person’s personal and professional life. The Seattle criminal attorneys that make up the criminal defense team at SQ Attorneys understands the significant impact a DUI conviction can have on one’s personal and professional life. They understand that being charged and prosecuted for DUI in Western Washington (whether a Felony or Gross Misdemeanor) is one of the scariest experiences an individual can face during her lifetime.

Sunday, April 4, 2010

Beating My DUI

In Washington State DUI cases prosecutors routinely prove intoxication through scientific testing. The BAC Datamaster and BAC Datamaster CDM are the breath testing machines authorized to be used in the State of Washington. These machines detect blood alcohol concentration (“BAC”) within the human body. In the State of Washington, a BAC result of .08 or greater is considered to be legally intoxicated. This is because test limits above the legal limit are presumed to be proof of legal intoxication. Unfortunately, even if there is no breath test in a Washington DUI case (because either: (1) the test result is not admissible at trial, or (2) a person chooses to refuse to take the test) the prosecuting attorney can potentially still prove intoxication under the concept of the “totality of the circumstances.” This is done by law enforcement gathering evidence of intoxication, to include conducting standard field sobriety tests (FSTs) such as: Finger-to-nose test, Walk-and-turn test, One-legged stand and/or the Horizontal-gaze-nystagmus test. An effective Seattle DUI Attorney can challenge these FST’s and the breath test and get them suppressed, making it even more difficult for a prosecutor to be able to prove their DUI case in Washington.