Author: Richmond Cariaga

The Differences Between Misdemeanor and Felony Sex Crimes in Washington State

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Sex crimes in Washington can be charged as either misdemeanors or felony offenses. Many factors impact the severity of charges for sex crimes, including the use of force, the severity of the crime, and the use of minors. At Jennifer Horwitz Law, our Seattle criminal defense attorneys work with individuals accused of sex crimes to help them protect their rights, freedom, and future.

Difference Between Felony and Misdemeanor Crimes in Washington State

A misdemeanor is regarded as a less serious criminal offense. Washington misdemeanor offenses are classified as simple or gross misdemeanors. A simple misdemeanor is punishable by up to 90 days in jail and a maximum fine of $1,000. A gross misdemeanor can result in one year in jail and a fine of $5,000.

A felony is regarded as a serious criminal offense. Washington classifies felonies into Class A, B, or C offenses. Class A felonies are the most serious charges. Convictions of Class A felonies can result in life imprisonment and fines of $50,000.

Class B felonies can result in up to 10 years in prison and fines of $20,000. Class C felonies can result in up to five years in prison and fines of $10,000.

Numerous factors impact the sentence for criminal charges. Your criminal history, the severity of the crime, the victim, and other aggravating factors can increase the penalty for a conviction.

Misdemeanor Sex Crimes vs. Felony Sex Crimes in Washington State

Many sex crimes in Washington are filed as felony offenses. However, some offenses are misdemeanors. Below are examples of sex crimes and how they are usually charged.

Indecent Exposure

Indecent exposure is a simple misdemeanor. Therefore, the punishment for a conviction is generally up to 90 days in jail and a fine. However, if the person exposes themselves to a minor under the age of 14 years, the charge becomes a gross misdemeanor.

It is important to note that some misdemeanor sex crimes can be charged as felonies, depending on the circumstances of the case. For example, an indecent exposure charge becomes a Class C felony if the person has a prior record of convictions for indecent exposure.

Sexual Misconduct With a Minor

Sexual misconduct with a minor in the second degree involves sexual contact with someone under 18 years old, but 16 years old or older. The offender is at least 60 months older than the victim and in a position of authority over the victim (i.e., employer, teacher, coach, etc.).

The charge is a gross misdemeanor punished by up to one year in jail. Sexual contact is touching any sexual or other intimate parts for sexual gratification.

However, if you have sexual intercourse in this situation, you are charged with sexual misconduct with a minor in the first degree, which is a Class C felony.

Communication With a Minor for Immoral Purposes (CMIP)

CMIP is an example of a sex crime that can be charged as a misdemeanor or a felony offense. RCW 9.68A.090 makes it a crime for a person to:

  • Communicate with a minor for immoral purposes; OR,
  • Communicate with a person they believe to be a minor for immoral purposes.

“Immoral purposes” can include speaking about sexual acts, saying sexual words, using obscene language, and showing images of a sexual nature. Communication includes speaking on the telephone, communicating in writing, being face-to-face, and using any form of electronic communication.

Generally, the charge is a gross misdemeanor when the defendant does not have a criminal record and communicates by means of a physical act, simple speech, or writing. The charge increases to a Class C felony if the defendant has a criminal record for specific felony sexual offenses, is a repeat offender for this crime, and communicates electronically.

Felony Sex Crimes in Seattle, WA

As discussed above, most sex crimes in Washington State are felony offenses. Examples of felony sex crimes in Washington State include:

  • Rape
  • Statutory rape
  • Child molestation
  • Indecent liberties
  • Sexual exploitation of a minor
  • Voyeurism in the first-degree
  • Pandering, pimping, and promoting prostitution
  • Sexually violating human remains

Sexual assault may also be charged as a felony offense. However, many sexual assault allegations are resolved as Assault 4 with sexual motivation charge, which is a gross misdemeanor.

The class of the felony depends on many factors, usually the victim’s age and the severity of the crime.

In addition to fines and prison sentences, most felony sex crimes result in registration on the sex offender list. Many misdemeanor sex offenses do not require registration, although some do.

Learn More During a Consultation With Our Seattle Criminal Defense Attorneys

Sex crimes are serious criminal offenses, regardless of whether they are charged as misdemeanors or felonies. The penalties you face for a sex crime could adversely impact numerous aspects of your life for a long time. Call Jennifer Horwitz Law to schedule a consultation with an experienced Seattle sex crimes attorney to discuss your legal rights and potential defenses to sex crimes in Washington State.

Sextortion and Catfishing: Understanding the Legal Risks

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Online scams and criminal activities have increased substantially. Offenders no longer need to search for their victims in person. They can sit behind a device and find their victims online.

However, some individuals may be accused of criminal activity even though they only sought friendship or companionship. Therefore, it is crucial to understand the laws governing online interactions, including sextortion and catfishing. This blog by our Seattle criminal defense attorney explains the legal risks a person may face for sextortion and catfishing in Washington State.

What Is Sextortion and Catfishing?

Catfishing involves using a fake online persona to deceive or control others. The catfisher creates a romantic relationship or friendship with a target. They use the relationship to groom the person so they can use the relationship to obtain something. For example, a catfisher may convince someone to send them money, personal information, compromising videos/photos, etc.

Sextortion involves coercing, tricking, or threatening someone into sharing personal and sensitive material. Then, the person threatens to release the material unless the victim provides sexual favors, sexual images, or money.

These activities often overlap when a catfisher manipulates a victim into sharing compromising material. Then, the catfisher uses the material to extort the victim. They may demand money, sexual images, or sexual favors to prevent them from exposing the victim online or telling the victim’s family about their online activities. Washington State residents report millions of dollars lost on catfishing scams just in 2021.

Potential Criminal Charges for Sextortion and Catfishing in Seattle, WA?

The legal risks of catfishing and sextortion include being charged and convicted of one or more crimes. Criminal offenses related to sextortion and catfishing include, but are not limited to:

  • Fraud – Fraud covers a wide range of deceptive activities. Depending on the factors involved, fraud may be prosecuted as a felony or misdemeanor offense.
  • Extortion – Washington law defines extortion as knowingly attempting or obtaining services, property, or sexual favors from someone by threat. The threat can be violence, but it could also be releasing information obtained from catfishing.
  • Harassment – Catfishing and sextortion may lead to online harassment, cyberstalking, stalking, and threats. In some cases, the offender may use threats of violence to harass the victim.
  • Child exploitation – Offenders prey on children and minors online. Catfishers may lure minors into private groups to groom them. Sexual exploitation of a child is a serious sex crime in Washington. A conviction could result in a mandatory prison sentence of 31 to 41 months. Multiple counts could result in 10 years in prison.
  • Identity Theft – Catfishers obtain personal information to steal someone’s identity. They may sell the identity to another party or use it to open credit cards, purchase firearms, obtain loans, and engage in other conduct. Identity theft is illegal under RCW §9.35.020.

Sextortion and catfishing could result in misdemeanor or felony charges. The charges may be state or federal, but they could overlap, resulting in state and federal offenses. Penalties for a conviction can include lengthy incarceration, substantial fines, probation, and restitution payments. Some crimes could result in registration as a sex offender.

What Can Victims of Catfishing and Sextortion Do?

If you have been catfished or are the victim of sextortion, you have options. You can seek a protection order against the perpetrator to prevent further contact. There may also be legal options available to you. If you have questions, need help reporting the conduct to law enforcement, or wish to seek a protection order, contact our office for more information.

Get Help From a Seattle Criminal Defense Attorney

You may receive a severe sentence for criminal charges related to sextortion and catfishing in Washington State. Criminal cases related to catfishing and sextortion involve complex legal issues. Understanding the laws governing these criminal charges, the potential penalties you face, and the legal defenses available to you is crucial.

Are you facing criminal charges related to sextortion and catfishing? Contact Jennifer Horwitz Law to discuss your legal defenses with a Seattle criminal defense attorney.

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Understanding Washington’s Identity Theft Laws in Catfishing Cases

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Catfishing scams caused more than 650 Washington state residents to lose over $32 million in 2021. Lying about your weight or appearance is not a crime. Everyone wants to make themselves look better online. However, catfishing is more than making oneself look better. In this blog, our Washington criminal defense lawyers discuss catfishing scams and how identity theft laws may apply to these scams.

What Is Catfishing?

Catfishing occurs when a party creates a fake online identity to defraud or control someone else. They create friendships or romances, and then they use the relationship to cause harm to the person. Catfishing can be used to:

  • Humiliate or embarrass someone
  • Groom someone to get them to send sexual images or videos
  • Blackmail a person with information, photographs, or videos disclosed through the catfishing scam
  • Convince someone to send money or other assets to the party
  • Obtain personal identifying information to steal the person’s identity

Catfishers are masters of using flattery, stories, and fear tactics. They research their victims to learn about their favorite places, foods, and activities to create a bond. Once they have the person’s trust, it is easy for them to manipulate the victim into doing something the victim would not ordinarily do.

How Do Washington’s Identity Theft Laws Apply to Catfishing Cases?

Identity theft is defined under RCW §9.35.020 as knowingly using, obtaining, transferring, or possessing someone’s financial information or identification with the intent to aid, abet, or commit a crime. Scams are among the most common ways to obtain someone’s financial or personal injury, including catfishing.

Once the scammer obtains the victim’s information, they use their identity to open credit card accounts, obtain loans, or purchase firearms, cell phones, and other items in the victim’s name. The catfisher may use the victim’s personal information to create a new identity to sell to someone.

Catfishing and identity theft victims have several state and federal resources for help. They should also contact an attorney to discuss legal options for dealing with the consequences of a catfish scam.

What Are the Potential Penalties for Identity Theft in Washington?

The penalties can be severe if you are charged with identity theft related to a catfishing scam. Depending on the circumstances of the criminal charges, you could face:

Identity Theft in the Second Degree

If the stolen information was used to obtain money, credit, goods, services, or anything valued at less than $1,500, the charge is a Class C felony. A conviction can result in up to five years in prison and a $10,000 fine.

Identity Theft in the First Degree

If the stolen information was used to obtain money, credit, goods, services, or anything valued at more than $1,500, the charge is a Class B felony. A conviction can result in up to ten years in prison and a $20,000 fine.

Potential defenses to identity theft include:

  • mistaken identity,
  • unlawful search and seizure,
  • false allegations,
  • and lack of intent.

Contact a criminal defense lawyer immediately to determine the best strategy to fight identity theft charges.

Contact a Seattle Criminal Defense Lawyer for a Consultation

It is crucial that you consult an experienced Seattle criminal defense lawyer to learn about your rights and how to protect yourself from a catfishing scam. Whether you are charged with identity theft or are the victim of catfishing, you benefit from sound legal advice. Contact Jennifer Horwitz Law to schedule your consultation with an attorney. 

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The Risk of Alcohol Paired With Sexual Contact

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When drugs or alcohol is involved and people have sexual contact -especially when they don’t know each other well and are not regular sexual partners, there can be questions about whether each person was capable of consent.

No matter what state you’re in, alcohol changes everything when it comes to consent, and that’s where the law gets complicated. As a Seattle sex crimes lawyer, I’ve helped many people in situations just like this. Here’s what you need to know.

How Alcohol Complicates Consent

Consent is at the core of any sexual assault case. In Washington State, consent means a clear, voluntary, and conscious agreement to engage in sexual activity. But when alcohol is involved, figuring out what actually happened—and whether consent was truly given—gets much more complicated.

Here’s why:

  • Alcohol impairs judgment. People may say or do things they wouldn’t when sober, which can lead to misunderstandings about intent and agreement.
  • Memory gaps create confusion. One or both of you might not remember the events clearly, leading to conflicting stories.
  • Perceptions shift. A person may have seemed enthusiastic at the time, but the next day, they might feel differently about what happened and question whether they really gave consent.

These are messy, human situations. But when they become legal cases, they’re not just about emotions—they’re about facts, evidence, and how the law defines consent.

When Does Alcohol Make Consent Legally Invalid?

Under Washington law, someone cannot legally consent to sex if they are too intoxicated to make a clear decision.  When alcohol consumption crosses over and becomes a consent issue can be hard to define.  Here are a few key factors that could come up in a case:

  • How much alcohol each person consumed
  • Whether there were signs of extreme intoxication (difficuly walking, falling down, passing out, vomiting)
  • Whether there was a clear conversation about consent
  • Any witness statements about what happened before and after the encounter

These details can make a huge difference in how your case gets resolved.

Facing Charges? Here’s What You Need to Know

If you’ve been accused of sexual assault involving alcohol, it’s normal to feel panicked. But taking decisive action now can make all the difference in your case.

Here’s what you should do:

  1. Get a lawyer ASAP. A sex crime charge is serious, and trying to explain things on your own can backfire. An experienced attorney can help you understand your rights and build a strong defense.
  2. Don’t talk about the case. This includes texting, posting online, or trying to reach out to the other person to “clear things up.” Anything you say can be used against you, even if you’re just trying to explain your side.
  3. Gather any evidence. If you have texts, messages, or anything else that shows what happened before or after the encounter, save them. These could be important in proving your case.
  4. Stay calm. It’s easy to spiral when facing serious charges, but panicking won’t help. Focus on getting the right legal help and following the best steps to protect your future.

Taking the right steps now can significantly impact the outcome of your case, so act wisely and seek legal guidance immediately.

Get Help From a Seattle Sex Crimes Attorney

Alcohol-related sex crime cases are complicated, and they can feel deeply unfair when you know you didn’t mean to harm anyone. But in Washington State, the law takes intoxication and consent very seriously. If you’re facing allegations, getting the right legal help now can make all the difference.

You don’t have to go through this alone. The right defense strategy can help protect your future. Contact Jennifer today to schedule a consultation.

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Accused of Harassment After an Online Date? Understanding Your Rights

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Online dating has complicated the early stages of the dating experience.  As a Seattle harassment defense attorney, I’ve seen how online dating misunderstandings can spiral into serious legal trouble. Here’s what you need to know about harassment laws in Washington—and how to protect yourself.

What Counts as Harassment Under Washington Law?

In Washington, harassment is more than just unwanted communication—it’s about intent, repetition, and whether the other person felt threatened or intimidated. Under RCW 9A.46.020, criminal harassment can involve:

  • Repeated unwanted contact (texts, calls, social media messages)
  • Threatening language (even if you didn’t mean it seriously)
  • Behavior that causes fear or distress

In the context of online dating, this can happen in several ways:

  • Following up too many times after a date with no response
  • Expressing anger or frustration when someone ghosts you
  • Joking or sarcastic messages that are misinterpreted as threats
  • Showing up unexpectedly at their workplace or home after they stop responding

It’s important to understand that harassment charges don’t always require an explicit threat. If the other person feels scared or unsafe—even if that wasn’t your intent—it can still lead to legal trouble.

Common Defenses in Online Dating Harassment Cases

If you’re facing harassment charges after an online date, don’t panic. Washington’s harassment laws require specific elements to be met for a conviction. A skilled defense attorney will take a look at your case and decide how to best approach your defense. Here are some common legal defenses:

Lack of Criminal Intent

Harassment requires proof that you knowingly and intentionally acted in a way that could reasonably be perceived as a threat. If there was no intent to harass or threaten, the prosecution may not have a case.

Isolated or Non-Threatening Communication

Harassment typically involves a pattern of repeated or threatening conduct. A one-time message or polite follow-up is unlikely to meet the legal standard unless it contains a credible threat of harm.

No True Threat or Reasonable Fear 

The prosecution must prove that the alleged victim had a legitimate reason to fear harm based on your actions. If there were no explicit threats, and no reasonable person would feel threatened by your actions, you may have access to this defense.

Protected Speech

Washington courts recognize that not all unwelcome communication is criminal. If the messages were part of a normal disagreement or contained opinions rather than threats, they may be protected under the First Amendment. However, true threats or repeated unwanted contact may not fall under this protection.

False Accusations or Misinterpretations

These types of complaints often come from simple miscommunication or even retaliation. In these situations, your attorney can challenge the credibility of the claim.

What to Do If You’re Accused of Harassment

Being accused of harassment can be devastating, but there are things you can do to minimize the impact and maybe even turn the tide. If you’re facing harassment charges, here are some simple things you can do:

  • Even if you’re tempted to explain yourself or apologize, do not reach out to the other person. Continuing contact can make things worse.
  • Keep records of your messages, calls, and interactions. If your texts were polite or there were no threats, this evidence can help your case.
  • Do not post about the accusation or vent online. Prosecutors can use social media activity against you, even if it seems harmless.
  • A harassment charge is serious, and a lawyer can help you navigate the situation before it escalates. The sooner you get legal advice, the better.

By staying proactive and seeking legal guidance, you can protect your rights and work toward the best possible outcome.

Seek Advice From an Experienced Seattle Harassment Attorney Today

Without a doubt–online dating can be messy. What might feel like persistence to one person may feel like harassment to another. If you’ve been accused, it doesn’t automatically mean you’re guilty, so if you find yourself in this situation, contact Jennifer today to schedule a consultation.

Cyberbullying and Harassment Laws: What Defendants Need to Know

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Bullying and harassment occur in schools and colleges. However, online harassment and bullying can occur at any age. Even adults can be the victims of cyberbullying and harassment. In this blog, our Seattle criminal defense attorneys discuss criminal charges for cyberbullying and harassment and the penalties you could face if you are convicted for cybercrimes.

What Is Cyberbullying?

Cyberbullying is bullying that takes place online or over digital accounts. A person may cyberbully through one or more sources, including social media, SMS, online forums, blog sites, chat rooms, texts, email, gaming, apps, and websites where people can share content.

Examples of cyberbullying include:

  • Posting threatening or abusive comments about the victim.
  • Sharing embarrassing or degrading photographs of the victim.
  • Posting or sharing humiliating, derogatory, or defamatory comments about the victim.
  • Unwelcome and repeated emails, telephone calls, text messages, and other electronic communications.
  • Posting and sharing digitally altered photographs of the victim intended to hurt or embarrass the victim.
  • Tricking the victim into doing or saying things by using false postings, communications, and personas.
  • Posting and sharing rumors and private information about the victim.
  • Creating fake accounts in the victim’s name to post embarrassing comments, information, videos, and photographs.
  • Threatening the victim online or through other digital means.
  • Outing someone to reveal their gender identity or sexual orientation without their consent
  • Creating bash boards to invite others to join a group to bully the victim.
  • Engaging in exclusion to isolate the victim and make them feel alone and abandoned by their peer group.

In addition to facing criminal charges for cyberbullying, a person could be charged with a hate crime. This type of cyberbullying involves targeting a victim based on a protected class, such as gender expression, race, color, sex, religion, national origin, disability, sexual orientation, or ancestry.

Is Cyberbullying and Harassment a Crime in Seattle, WA?

Revised Code of Washington §9A.90.120 defines the crime of cyber harassment. Cyberbullying generally falls under the category of harassment. A person may be convicted of cyber harassment if they use electronic communication with the intent to intimidate or harass someone.

Cyber harassment is a wobbler offense. Most cyber harassment charges are gross misdemeanors. A conviction can result in up to 364 days in jail and a maximum fine of $5,000.

However, cyber harassment can be charged as a Class C felony if the behavior:

  • Violates a protective order
  • Includes a threat to kill the victim or someone else
  • Harasses a judge, prosecutor, police officer, or other criminal justice participant or an election official because of their duties
  • Is the second conviction for any harassment offense against the same victim, the victim’s family, or someone named in a protective order

Penalties for a Class C felony conviction include up to five years in prison and a maximum $10,000 fine.

What Should I Do if I’m Arrested for Cyberbullying or Harassment in Washington?

Do not answer questions or make a statement to police officers or the prosecutor without an attorney present. Instead, remain silent except for asking for a criminal defense lawyer.

If you are released pending your hearing, do not attempt to contact the victim or their family. Make sure you understand all restrictions and conditions of your release and follow them.

Contact a criminal law attorney to discuss your case as soon as possible. In addition to a cyberbullying or harassment charge, the prosecutor may file other charges related to the bullying or harassment. If so, the potential for lengthy prison sentences and other penalties increases.

Learn More During a Consultation with a Seattle Criminal Defense Attorney

Cyberbullying and harassment are serious criminal charges in Washington State. Contact Jennifer Horwitz Law to talk with a Seattle criminal defense attorney if you were arrested for cybercrimes or other offenses. The best way to protect your rights is with the help of an experienced cybercrime lawyer.

The Role of Intent in Online Scams: Can Lack of Malicious Intent Be a Defense?

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Computer and internet fraud covers a wide range of criminal activities, including online scams and other activities intended to trick someone into giving the perpetrator money, financial details, personal injury, or other items of value. The Internet Crime Complaint Center receives an average of 758,000 complaints of Internet scams each year. In 2023, 880,418 complaints were filed, totaling $12.5 billion in losses.

If you are charged with internet fraud, a Seattle criminal defense lawyer can develop a defense strategy. A defense your lawyer may use is a lack of malicious intent to commit online scams and internet fraud.

What Is Malicious Intent in Online Scams?

Proving malicious intent for a federal computer crime is essential to the prosecution’s case. Malicious intent for computer crimes refers to the defendant’s deliberate intent to commit an unlawful act using a computer or to cause harm. Malicious intent distinguishes the defendant’s intentional criminal acts from an accident.

Evidence the prosecution may use to prove malicious intent for online scams includes, but is not limited to:

  • The nature of the action by the defendant can speak to the defendant’s intentions
  • Digital communications that imply or discuss a premeditated plan to use computers to commit scams
  • Testimony from digital forensics experts and cybersecurity experts explain how an online scam was committed and the defendant’s involvement in the crime
  • Digital footprints are used to trace the defendant’s actions online to tie them to the online scam, including login credentials, IP addresses, timestamps, etc.
  • Establishing a pattern of behavior with evidence of previous online scams committed by the defendant

The prosecution must demonstrate that the defendant had the intent and knowledge to perform the criminal acts. It can be challenging for the prosecution to prove malicious intent because it involves proving the defendant’s state of mind when the crime was committed.

Preparing a Defense Challenging Malicious Intent for Online Scams

A criminal defense lawyer challenges the digital evidence. They may allege the evidence was manipulated or obscured. Some of the information may be incomplete because evidence has been deleted. Encryption can make proving malicious intent more challenging by hiding the origin of the data.

The act of interpreting a person’s intent from their online action is subjective. Therefore, attorneys point to ambiguous actions to argue that the defendant’s actions were an accident or part of a routine. A single action could have multiple motives, making it more difficult to prove malicious intent.

A defense attorney creates reasonable doubt by presenting alternative explanations for what appears to be malicious intent and illegal acts. The attorney challenges the interpretation and validity of the evidence.

The lawyer may present evidence and arguments that the defendant’s actions were misunderstood or accidental. Instead of being malicious intent, the defendant’s actions were not intended to commit computer fraud or other illegal acts.

Get Help with Criminal Charges for Online Scams in Washington

Convictions for engaging in online scams can be severe. If you are arrested on state or federal computer crimes, you need experienced legal counsel to help you fight the charges. Call Jennifer Horwitz Law to discuss your situation during a confidential consultation with a Seattle criminal defense lawyer.

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Juveniles and Reckless Endangerment: Special Considerations

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Reckless endangerment is a serious criminal charge in Washington State. A conviction could result in fines, jail time, and other penalties. If a juvenile is charged with reckless endangerment, the criminal record could have life-long consequences. Our Seattle criminal defense attorney discusses special considerations parents need to know if their child is charged with reckless endangerment.

What Is Reckless Endangerment?

Under RCW 9A.36.50, reckless endangerment is a gross misdemeanor. A person is guilty of reckless endangerment when they recklessly engage in conduct that creates a substantial risk of causing serious injury or death to someone else.

The key elements of a reckless endangerment charge are that the person:

  • Awareness of Risk – The person knew that their conduct could result in harm to someone.
  • Acted Recklessly – The person ignored the potential for causing harm to someone and chose to act despite the danger.

The potential penalties for reckless endangerment include a maximum fine of $5,000 and up to 364 days in jail. Depending on the facts of the case, the judge may order other penalties such as probation, court-order treatment, and community service.

Because reckless endangerment is a crime against a person, there could be other consequences. The potential collateral consequences of a reckless endangerment charge could make obtaining employment or a professional license difficult. The conviction could impact child custody matters and immigration status. A criminal record may disqualify someone from specific grants and student aid.

Can a Juvenile Recognize Reckless Behavior?

The state must prove that the defendant was aware their conduct was reckless and could cause harm to someone. Depending on the child’s age, they may not recognize reckless behavior like an adult. Brain development, hormonal changes, emotional issues, and other factors may be mitigating circumstances in a juvenile reckless endangerment case.

An attorney can help you retain experts to examine your child to determine if they understood the danger in their actions. If not, this could be a defense to charges of reckless endangerment.

Other Considerations for a Juvenile Charged With Reckless Endangerment in Washington State

The juvenile court hears most juvenile cases unless the minor is charged as an adult. Minors are housed in a juvenile detention facility instead of an adult jail. There are several diversion programs that juveniles may use to avoid formal prosecution.

If a juvenile is guilty of reckless endangerment, the sentence differs from an adult conviction. The juvenile justice system focuses on rehabilitation. Therefore, the judge may order counseling, therapy, educational programs, community service, and probation instead of incarceration.

A juvenile’s record may be expunged or sealed when they turn 18 years old or complete their sentence. Ensuring this step occurs can help your child move on with their life without a criminal record holding them back.

Get Help From an Experienced Seattle Criminal Defense Attorney

If your child has been arrested for reckless endangerment or another crime, you need to seek legal counsel immediately. Depending on the charges and the facts of the case, your child could be incarcerated or tried as an adult. Call Jennifer Horwitz Law to schedule a confidential consultation with our Seattle criminal defense attorney.

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The Role of Counseling and Rehabilitation in Domestic Violence Cases

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Domestic violence covers a wide range of criminal activity involving a household or family member. It also includes violence against current or previous spouses, intimate partners, and people with whom you share a child. Examples of crimes that could result in domestic violence charges include, but are not limited to, assault, harassment, stalking, sex offenses, and kidnapping. A conviction for domestic violence can result in severe penalties. 

In this blog, our Seattle criminal defense attorney discusses one of those penalties in more detail – mandatory counseling and rehabilitation programs.

What Are the Penalties for A Domestic Violence Conviction in Seattle, WA?

The penalties for a domestic violence conviction can be severe. The charge depends on the underlying crime and the factors of the case. However, domestic violence may be charged as a misdemeanor or a felony. A misdemeanor conviction could result in up to one year in jail and a fine of $5,000. Felony convictions carry prison sentences based on the class of felony. For example, a Class B felony could result in up to 10 years in prison and a $20,000 fine.

In addition to fines and incarceration, a conviction for domestic violence can also result in a no-contact order, community service, loss of gun rights, probation, and court-ordered counseling. Collateral consequences may include restrictions on custody rights, revocation of a professional license, and immigration consequences for non-citizens.

Counseling and Rehabilitation Included in Domestic Violence Sentences

As part of your sentence, you must complete a twelve-month state-approved Domestic Violence Batterer’s Treatment Program. Even though you are ordered to attend treatment, you must pay for the treatment yourself.

Domestic violence crimes often involve complicated issues that cannot adequately be addressed with fines and prison. In some cases, domestic violence may be a single event that was precipitated by the abuser being drunk or on drugs. In other cases, domestic violence is a long-term pattern of behavior that can only change with therapy and treatment.

Counsel and rehabilitation play an important role in domestic violence cases. It seeks to help the abuser take accountability for their actions while exploring the issues that led to the abusive behaviors. The programs teach individuals to identify and recognize their triggers and how to form and maintain healthy relationships.

In addition to counseling and rehabilitation, a judge may include other forms of counseling and treatment. A sentence may include the requirement to complete anger management counseling or a drug/alcohol treatment program. Counseling and rehabilitation aim to reduce the chance of violence by giving offenders the resources, tools, and support they need to find healthier ways to deal with problems.

Protecting Your Rights if You Are Arrested for Domestic Violence in Seattle, WA, With the Help of a Seattle Criminal Defense Attorney

Counseling and rehabilitation sessions meet weekly for a year. Before you plead guilty to charges and accept the court’s punishment, talk with a Seattle domestic violence defense lawyer. There could be one or more defenses to the charges. Defenses to domestic violence include, but are not limited to:

  • Insufficient evidence to support the allegations
  • Evidence you have been wrongfully accused
  • The alleged victim has a history of filing false accusations
  • The alleged victim is making up the allegations to gain leverage in a family court matter

The best way to protect your freedom and rights is with the help of an experienced defense lawyer. Contact Jennifer Horwitz Law to schedule a free consultation with our Seattle criminal defense attorney.

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Resolving Protection Orders: How Settlement Agreements Can Keep You Out of Court

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Protection orders are issued by the court to protect someone from harm. The order prohibits a party from taking specific actions related to the protected party. Violating protective orders could lead to criminal prosecution.

Have you been served with a temporary protection order and notice of hearing in Washington State? If so, and the protection order is not related to an ongoing divorce or child custody case, it is crucial to speak with a Seattle Criminal Defense Attorney as soon as possible. Protection orders can include numerous restrictions that could impact several areas of your life. By working with a criminal attorney, you might be able to resolve the situation without going to court.

Benefits of Resolving a Protection Order Outside of Court Using a Settlement Agreement

Settlement agreements include the terms and conditions parties negotiate to resolve a dispute. A settlement agreement is a legally binding contract between the parties. If a party breaches the agreement, they face legal consequences.

The benefits of negotiating a settlement agreement for a protection order include:

  • Avoid Costs – Legal fees and court costs can quickly add up when you take a matter to court. Settlement agreements provide a cost-effective alternative to court.
  • Time Savings – Generally, parties can enter a settlement agreement quicker than they can go to court. The court’s schedule and other factors could delay a hearing for a protection order.
  • Emotional Relief – Court cases are adversarial by nature. A court battle can intensify conflicts between the parties. All parties may feel a greater emotional strain. Settling offers a calmer resolution.
  • Privacy – Court matters are often a matter of public record. However, a settlement can be negotiated privately.
  • Flexibility – Courts are limited in what they can do. However, settlement agreements provide flexibility to negotiate a customized agreement that is best for both parties.
  • Avoid Consequences of a Court Order – if you are the Respondent, it is better for you that the Court not issue an order against you.  Even if you do not believe you have done anything to merit the issuance of an order, you may be at risk of the Court issuing an order against you becuase often the Courts want to be “better safe than sorry.”  Even though a court order is not a criminal conviction, it can show up when you travel to other countries.  It can cause issues with your employer and can show up in background checks.

Before negotiating a settlement agreement for a protective order, talk with an experienced criminal defense lawyer. A settlement agreement may or may not be in your best interest, depending on the circumstances of your case and whether you are the Petitioner or the Respondent.

Types of Protection Orders Issued in Washington State

A petitioner files a Petition for a Protection order explaining why they need the court’s protection. Generally, the court schedules a hearing to issue a temporary protection order. A hearing date is scheduled for the court to hear from both sides. You should obtain a copy of the temporary protection order and a Notice of the Hearing.

Read the protection order very carefully, noting each requirement and restriction. You could face jail time and other criminal penalties if you violate a protection order.

At the hearing, the petitioner presents evidence supporting a permanent protection order. You can offer a defense. The judge determines whether a final protection order is required and, if so, the terms of the final order.

There are several types of civil protection orders issued in Washington. Depending on your situation, you may petition the court for:

  • Domestic Violence Protection Order
  • Stalking Protection Order
  • Extreme Risk Protection Order (ERPO)
  • Sexual Assault Protection Order
  • Anti-Harassment Protection Order

The court may include numerous terms in a protection order to protect the petitioner. For example, a judge may prohibit you from contacting the petitioner in any way. The order may also include restrictions that prevent you from being within a specific distance of the petitioner, their home, school, and work. Many orders include a requirement to surrender firearms and prohibit the purchase of new firearms.

Get Help From an Experienced Seattle Criminal Defense Attorney

Protection orders can have serious consequences. Negotiating a settlement may be the best alternative for all parties. For more information, call Jennifer Horwitz Law for a confidential consultation with a Seattle Criminal Defense Attorney.