Author: Richmond Cariaga

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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.

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.

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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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.

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.

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.

Road Assistance Needed For Blond Female While Car Breaks Down On Highway

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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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.

Restraining Order stock photo

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.

Many different pills on pink background. Prescription pills and vitamins. Flat lay and space for text

Prescription drug fraud takes many forms. The one thing they have in common is that the consequences of a conviction are severe. Working with an experienced Seattle criminal defense attorney is in your best interest if you are a healthcare professional charged with prescription drug fraud. An attorney develops a defense strategy using various legal challenges to give you the best chance of beating prescription drug fraud charges.

Overview of Prescription Drug Fraud Charges in Washington State

Prescription drug fraud involves illegally distributing or obtaining prescription medications. It may involve a medical provider or healthcare professional. Patients and other parties may be involved in the fraudulent activity.

Prescription drug fraud under Washington law includes, but is not limited to:

  • Forging prescriptions and/or stealing prescription pads
  • Doctor shopping (visiting multiple doctors to obtain multiple prescriptions)
  • Impersonating someone to obtain prescription drugs
  • Illegally distributing or giving away prescription medications
  • Filling controlled substances before the due date
  • Stealing prescription drugs
  • Writing prescriptions for Schedule II, III, or IV drugs for a doctor’s personal use
  • Possession of controlled substances without a valid prescription

Prescription drug fraud is a problem in many communities. Washington law enforcement and courts take these charges seriously. Contact an attorney immediately if you are arrested. Do not answer questions or make a statement without a lawyer present.

What Are the Penalties for Prescription Drug Fraud in Washington?

A conviction for prescription drug fraud may include significant fines and imprisonment. Depending on the severity of the offense, you could spend several years in prison. Fines can be a few thousand dollars up to $25,000.

The collateral consequences of a conviction for prescription drug fraud can be far-reaching. You have a permanent criminal record, which can impact everything from your employment and housing to child custody and visitation. Your professional license may be suspended or revoked if you are a healthcare professional. Even if you get your professional license back, your reputation is damaged.

Potential Defenses to Prescription Drug Fraud Charges in Washington

A skilled criminal defense attorney analyzes the evidence and circumstances of your case. They use various legal challenges and defense tactics to develop your defense. Potential defenses to prescription drug fraud include:

Insufficient Evidence

The prosecutor must prove each of the legal elements beyond a reasonable doubt. Your attorney challenges the evidence and presents evidence to raise reasonable doubt. In some cases, insufficient evidence could lead to a dismissal of charges. If a plea agreement is in your best interest, your attorney may argue that there is a lack of evidence to reduce charges.

Valid Prescription

You may have had a valid prescription for the medication. If so, that is a strong defense to the charges.

Illegal Search and Seizure

Police officers must follow the law. If they found evidence during an unlawful search, your attorney may be able to have the evidence deemed inadmissible in court.

Lack of Intent

There must be intent to commit fraud. You may argue that you made an honest mistake.

Entrapment

Law enforcement officers cannot pressure you to commit a crime you would not have done so unless you were coerced. Therefore, the charges may be dropped if you were coerced into committing a crime.

A strong defense is crucial to protect your future and your freedom. Work with a skilled lawyer to fight the criminal charges.

Contact Our Office to Speak With a Seattle Criminal Defense Attorney

If you are being investigated for drug fraud or have been arrested, contact Jennifer Horwitz Law to speak with our Seattle criminal defense attorney. You must mount a solid defense to protect your rights and freedom as soon as possible.

Close-up Portrait Shot of a Drug Addict Suffering Young Boy Sadly Looking into the Camera. He Looks Thin, Badly Beaten and His Face is Bruised. Background is Isolated Black.

Contrary to popular belief, it is possible for a minor to be charged as an adult in Washington. Though rare, there are some situations in which a minor is considered an adult. If your teen is charged as an adult or with any crime, it is important that you meet with a Seattle criminal defense attorney for guidance.

When Kids Are Charged as Adults

Especially serious offenses have the potential to lead to adult criminal charges being filed against minors. As an example, if a teen shoots and kills another person, he or she can be charged as an adult. Moreover, stealing a motor vehicle or robbing someone can also lead to a minor being charged as an adult. 

An instance when a prosecutor requests that the teen be charged as an adult is uncommon yet within the realm of possibility. Adult charges are levied when individuals allegedly commit serious violent offenses such as: 

  • First-degree assault of a child
  • First-degree rape 
  • Homicide by abuse
  • Murder in the first/second degree
  • Manslaughter in the first degree
  • First-degree kidnapping
  • An attempt to commit one of the offenses listed above

Moreover, those who are 16 or 17 at the time the offense occurred and charged with what is considered to be a violent offense such as robbery, or those with a criminal history with two or more previous violent offenses can be charged as adults. Those with three or more class A, class B, second-degree manslaughter, or vehicular assault convictions after the age of 13 can also be tried as adults. 

There is the potential for cases automatically declined to Washington adult court to be transmitted back to juvenile court. If the judge, prosecution, and defense all agree, the case will be returned to juvenile court.

Factors That Determine the Level of Charges

Washington’s legal system is governed by the Washington Association of Prosecuting Attorneys’ guide. The guide determines whether charges are brought as juvenile or adult. The decision to elevate charges to adult court is person-based. 

A judge considers the accused party’s traits and the alleged offense. The judge also considers evidence from the prosecution and defense including a set of eight factors when making a decision.

The factors are referred to as Kent factors. Such factors are criteria used to determine if a case should transition from juvenile court to Washington adult court. The judge considers the following:

  • The seriousness of the alleged offense
  • Whether the offense was violent or willful
  • Complaint merit
  • Potential for sufficient public protection
  • Juvenile’s record
  • Desire for trial
  • Juvenile’s level of maturity
  • Whether the offense was against property or a person

Each judge considers the factors listed above with his or her discretion. However, the maturity level of the juvenile often weighs most heavily when determining if the charges will be brought in adult court.

Rehabilitation or Punishment?  That is the Question

When a judge determines whether a case is to be brought in juvenile or adult court, he or she often considers whether the defendant would benefit more from rehabilitation or punishment. The adult penal system is meant to punish. 

In contrast, the juvenile system is meant to rehabilitate. If the judge considers the alleged crime to be impulsive rather than premeditated, the teen might not be charged as an adult. 

It is also worth noting a Washington State Supreme Court opinion handed down in 2017 stated that judges are to consider all mitigating factors related to youthfulness when sentencing juveniles. However, in general, if the youth is accused of a violent crime, he or she will be tried as an adult. 

Learn More During a Consultation With Our Seattle Criminal Defense Attorney

Are you or a family member facing a criminal charge? Our Seattle criminal defense attorney will provide invaluable legal advice and representation. We’ll help you navigate the juvenile and adult criminal justice systems for a fair outcome. Your legal defense begins with a call to our office. Contact Jennifer today to schedule your consultation.

Man stalking young woman with phone in alley

A stalking protection order is a court order that restricts someone from contacting, following, monitoring, or coming near you when their repeated behavior has caused reasonable fear, intimidation, or emotional distress. In Washington, it is designed to stop ongoing conduct quickly, before it escalates into physical harm or criminal charges. If you are being stalked or if you have been accused of stalking, understanding how these orders work helps you make informed decisions before the situation escalates.

How a Stalking Protection Order Works in Washington

A stalking protection order is a civil court order, not a criminal conviction. Its purpose is immediate safety and behavior limits, not punishment. That said, violations can lead to arrest and criminal charges.

The court looks at whether someone has engaged in repeated, unwanted behavior that would cause a reasonable person to feel afraid, threatened, harassed, or seriously alarmed. This can include in-person conduct, digital behavior, or both.

Common behaviors raised in stalking protection order cases include:

  • Repeated following or showing up uninvited
  • Unwanted texts, calls, emails, or messages
  • Monitoring someone’s location or online activity
  • Contact after being clearly told to stop
  • Using third parties to contact or monitor someone

You do not need to wait for physical violence to ask the court for protection.

Who Can Request a Stalking Protection Order?

Stalking protection orders are often used when the parties do not have a qualifying domestic or family relationship, which separates them from domestic violence protection orders.

You may be able to request one if:

  • The person is not a spouse, partner, or family member
  • The conduct does not fit the definition of domestic violence 
  • The behavior is ongoing and has caused fear or distress

The focus is on conduct and impact, not labels or intent.

What Happens When You File for a Stalking Protection Order?

The process moves faster than many people expect.

Step 1: Filing the Petition

The person requesting protection, called the petitioner, files a written request with the court describing the behavior and its impact. Supporting materials may include screenshots, messages, call logs, or witness statements.

Step 2: Temporary Order Review

A judge may issue a temporary stalking protection order the same day if the allegations meet the legal standard. This can go into effect before the other party is heard.

Step 3: Service and Hearing

The person accused, called the respondent, must be formally served. A court hearing is scheduled where both sides can present information.

Step 4: Court Decision

After the hearing, the judge decides whether to issue a full stalking protection order and for how long.

Once issued, the order is enforceable statewide.

What a Stalking Protection Order Can Restrict

A stalking protection order can place strict limits on everyday behavior. Depending on the case, it may:

  • Prohibit all contact, direct or indirect
  • Require physical distance from your home, work, or school
  • Restrict online or third-party communication
  • Appear in court records and may appear in some background checks

Violating the order can result in arrest, even if the original case was civil.

If You Have Been Accused of Stalking

Being named in a stalking protection order can affect your freedom, employment, housing, and reputation. Many people are surprised by how quickly a temporary order can be issued.

At the hearing, the court will examine:

  • Whether the conduct was repeated
  • Whether the behavior was unwanted
  • Whether a reasonable person would have felt afraid
  • Whether proper notice and service occurred

Procedural errors matter. So does context. We help clients respond strategically, challenge unsupported claims, and present a clear record to the court.

How Stalking Protection Orders Interact With Criminal Cases

A stalking protection order is separate from criminal prosecution, but the two can overlap.

  • A violation of the order can lead to criminal charges
  • Statements made during the civil process may be used later
  • Police involvement often increases once an order is in place

Timing and strategy matter on both sides of these cases.

What to Do Next If Safety or Accusations Are Involved

If you are being stalked, waiting can increase risk. If you have been accused, silence or missteps can make the situation worse. Early legal guidance helps protect your position, your safety, and your record.

Take Control of What Happens Next

Stalking protection orders move quickly and can carry serious consequences. Whether you are seeking protection or responding to an accusation, understanding the process early helps you make informed decisions and avoid unnecessary risk.

For some people, a one-hour paid consultation provides the clarity they need to decide how to move forward. Jennifer Horwitz also offers limited-scope support, including one-hour or multi-hour consultations, for help with specific questions, preparation for a hearing, or guidance on pursuing or responding to a stalking protection order when full representation is not the right fit or may be cost-prohibitive.

Contact Jennifer Horwitz Law to schedule a consultation and discuss what level of support makes sense for your situation.