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Defending Your Case Against Malicious Mischief

Malicious Mischief

Malicious Mischief in Washington

Malicious Mischief, also known as vandalism, is a crime that involves intentionally damaging or destroying property belonging to another person in Washington. While it may be perceived as a relatively minor offense, Malicious Mischief can have serious consequences, for both the perpetrator and the victim. Due to Malicious Mischief being commonly associated with domestic violence cases in Washington, these charges can become quite complex. For defense firms, understanding the nuances of Malicious Mischief cases is crucial in providing effective legal counsel and ensuring justice is served. In this blog post, we will explore the legal definition of Malicious Mischief, the various types of Malicious Mischief, and the role of defense firms in protecting the rights of the accused of this offense. The Law Office of Erin Bradley McAleer has taken on a large number of these cases in Washington and is highly knowledgeable, experienced, and ready to defend your case.

What are the penalties of a Malicious Mischief conviction?

Malicious Mischief is the knowingly and malicious destruction of property as stated in the Revised Code of Washington. Ranging from a Gross Misdemeanor to Class B Felony, Malicious Mischief charges can amount up to be quite serious depending on a number of factors, the most common being the dollar amount of damage caused.

Malicious Mischief in the 1st Degree: Malicious Mischief in the First Degree is charged when one causes damage to real or personal property totalling more than $5,000.00. Tampering with public utilities, ballots, emergency vehicles, public transportation, and other properties of the state that results in the impairment or interruption of services is also considered Malicious Mischief in the First Degree. This charge is a Class B Felony and can carry up to 10 years in prison and up to a $20,000.00 fine.

Malicious Mischief in the 2nd Degree: Malicious Mischief in the Second Degree is classified as damage to real or personal property exceeding $750.00 but is less than $5,000.00 in total. Tampering with public utilities, ballots, emergency vehicles, public transportation, or other properties of the state also results in a Malicious Mischief charge in the Second Degree. This crime is considered a Class C Felony and punishable by up to 5 years in prison, and up to a $10,000.00 fine.

Malicious Mischief in the 3rd Degree: Malicious Mischief in the Third Degree is considered to be painting, marking, or writing on private or public buildings without the express consent of the owner. Graffiti for example, is one of the most common acts of Malicious in the Third Degree. Malicious Mischief in the Third Degree is classified as a Gross Misdemeanor, which can carry up to a 364 days in jail, and up to $5,000.00 in fines.

Malicious Mischief in domestic violence cases

In domestic violence cases it is not uncommon for there to be a Malicious Mischief charge somewhere in the mix. Having a fight with a family member or intimate partner and destroying property can easily result in a Malicious Mischief charge. If a dispute escalates into a physical altercation between spouses, the property damaged during the incident which may be jointly owned can still possibly result in potential Malicious Mischief charges for the person who destroyed the piece of property.

Is restitution possible?

A typical Malicious Mischief charge excluding the involvement of domestic violence, often has a form of restitution to pay back the person whose property was damaged. However, cases related to domestic violence charges do not allow for that kind of exchange due to the Compromise of Misdemeanors Law in the state of Washington. The involvement of domestic violence can make a Malicious Mischief charge even more serious and harder to navigate without legal counsel due to the aggressive nature of prosecution. Even if a victim has decided they would like to drop charges and or move the case along in a specific direction they will not be in charge of prosecuting the case and ultimately will not have a say in how the case is handled.

What can we do for you?

Hiring a lawyer will be the best decision you can make in order to protect your rights. The Law Office of Erin Bradley McAleer has a number of attorneys who are passionate about their clients, and will defend you in court to the fullest extent of the law. With the potential complexities of Malicious Mischief charges, it is imperative that you obtain representation in order to safeguard your future and freedom.

Call the Law Office of Erin Bradley McAleer today at (360) 334-6277 and schedule your free and confidential consultation.

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Cyberstalking in the State of Washington (Potential Penalties)

Cyberstalking in the State of Washington

Cyberstalking in Washington

As the Internet has become a pinnacle of communication and commerce, cybercrime has been on the rise since around 2015 throughout the United States. Cyberstalking is one of many prevalent cybercrimes in today’s highly digital world. Cyberstalking is defined in the Revised Code of Washington (RCW) as using someone’s electronic communication to “harass, intimidate, torment, or embarrass.” Cyberstalking can arise out of various forms of conduct which does not include spoken telephone conversations, since that falls under Telephone Harassment. Cyberstalking can be either classified as a gross misdemeanor or a felony depending on the aggravating factors of the case.

What is Cyberstalking?

Any form of electronic communication, excluding telephone communication that is used to “harass, intimidate, torment, or embarrass” counts as Cyberstalking. Common forms of communication in which cyberstalking occurs includes texts, emails, or even comments made on social media posts. Additionally, installing or monitoring someone’s whereabouts with a tracking device also falls under the umbrella of Cyberstalking according to the Revised Code of Washington.

What are the possible penalties for Cyberstalking?

Cyberstalking is assessed by the “aggravating factors” of the specific circumstance. Depending on the circumstances and facts of a case, Cyberstalking can either be a Gross Misdemeanor or Felony charge.

Gross Misdemeanor: First offense cyberstalking convictions are often classified into the gross misdemeanor category. A gross misdemeanor charge can carry penalties of jail time reaching up to 364 days, or up to a $5,000.00 fine.

Class C Felony: There are a number of different aggravating factors that elevate Cyberstalking from a gross misdemeanor to a Class C felony. Two of the most common ones tend to be prior convictions, or the violation of a protection order. Having a previous Cyberstalking conviction in any state prior will potentially elevate the most current charge to a Class C felony. Violating a protection order can also constitute Cyberstalking as a Class C felony. For example texting or emailing someone while a protection order is active will not only count as a violation of the protection order, but you will also potentially be charged with Cyberstalking in addition to the original violation. Each message or email you send can count as a violation against your protection order, which can stack up quickly as well.

Potential defenses against Cyberstalking

There are a number of defenses an attorney can use to defend against alleged cyberstalking charges. Some of these defenses include:

  • Lack of intent: Cyberstalking requires that the defendant acted knowingly and without consent.
  • False accusations: In some cases, the alleged victim may make false accusations of cyberstalking to retaliate against the defendant or gain some advantage. A skilled defense attorney can work to demonstrate that the allegations are baseless and lack credibility.
  • Lack of evidence: To secure a conviction for cyberstalking, the prosecution must present sufficient evidence of the defendant’s actions. If the evidence is insufficient to support the allegations, the defendant may be acquitted.
  • Mistaken identity: In some cases, the alleged victim may have mistaken the defendant for someone else. A defense attorney can investigate the case to determine if any evidence supports the defendant’s claim that they were not the perpetrator.

Ultimately, the key to mounting a successful defense in a cyberstalking case is to work with an experienced attorney who has a deep understanding of the relevant laws and legal procedures.

At the Law Office of Erin Bradley McAleer, we have the experience and expertise necessary to provide our clients with the aggressive defense they need.

Contact us today to learn more about how we can help protect your rights and interests.

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Levels of Charges in the State of Washington (Misdemeanors to Felonies)

Criminal Charges and Defense Strategies in Washingto

Criminal Defense Strategies in Washington

Criminal charges vary on different levels of severity throughout the entirety of the United States, however the specifics will vary depending on the state and its regulations and or code. In the State of Washington, crimes can range from Misdemeanors to Class A Felonies, in which the punishments vary depending on the severity of the charge. The punishment of crimes are assessed in a manner in which the punishment should be proportionate to the crime committed, which is why having a skilled attorney can help in making sure you get the best possible outcome in your case and receive a fair trial. It is important to understand the severity of your charge or charges to better understand what the implications are, as well as your rights in order to best defend and safeguard them. The Law Office of Erin Bradley McAleer has a wide range of lawyers working in all areas of law from Misdemeanor offenses to the most serious Class A Felonies and would be happy to assist you in achieving the best possible outcome in your case with effective Criminal Defense Strategies in Washington.

Misdemeanors

Misdemeanors are the least serious of the charges. They are punishable by a maximum of 90 days in prison, and a maximum of $1,000.00 fine. Common examples of Misdemeanors are disorderly conduct, shoplifting, and possession of marijuana.

Misdemeanors are less severe than other crimes, yet they can still have a big influence on someone’s life. A criminal record can come from a conviction, which may have an impact on one’s ability to obtain housing or find work, among other things. It is important to seek out legal counsel in these situations as well in order to minimize the impact in which these kinds of charges can have. Handling and navigating through court proceedings, even at the lowest level can be overwhelming and technical so it is important to seek out legal counsel.

Gross Misdemeanors

Gross Misdemeanors are more severe in nature compared to Misdemeanors, and thus will carry heavier penalties. A Gross Misdemeanor is punishable in the State of Washington by up to 364 days in jail, and up to a $5,000.00 fine. Some examples of criminal offenses that are Gross Misdemeanors include but are not limited to Assault in the Fourth Degree, theft of property amounting to no more than $750, and DUIs.

Our skilled attorneys often work to get the best possible outcomes by using a number of different defenses based on your unique circumstances. Even at this level, the process of navigating these charges in court can be overwhelming for someone not familiar with the legal system or have the adequate knowledge to do so. Hiring an attorney can help alleviate some of that stress and allow for the best possible outcome.

Class C Felonies

The least severe classification of Felony charges is known as a Class C Felony. The maximum punishment for a Class C Felony conviction is up to 5 years in prison and a maximum of $10,000.00 in fines. Examples of Class C Felonies include but are not limited to reckless burning, theft of property amounting to between $750 and $5,000, and Assault in the Third Degree.

Felony charges are serious and can result in a criminal record that can have long-term consequences. Defending against Felony charges requires a thorough understanding of the law and the ability to challenge the prosecution’s evidence. Navigating the legal system alone and or having an overworked public defender may result in less than desirable outcomes for your case. Hiring a knowledgeable attorney from the Law Office of Erin Bradley McAleer will allow your assigned attorney to dedicate their time and effort to achieve the best possible outcome.

Class B Felonies

Class B Felonies carry steeper penalties and are punishable by up to 10 years in prison with a maximum of $20,000.00 in fines. Class B Felonies can include but are not limited to Arson in the Second Degree, Theft of Motor Vehicle, and Robbery in the Second Degree, and Assault in the Second Degree.

Defending against Class B Felony charges requires a strategic approach and a thorough understanding of the law. Possible defenses may include challenging the prosecution’s evidence, demonstrating lack of intent, or showing that the accused was acting in self-defense. Our attorneys are ready to work diligently on your case to best collect all necessary information, evidence, and or proof to best help your case.

Class A Felonies and Criminal Charges and Defense Strategies in Washington

Class A Felonies are the most severe category of Felony charges. They are punishable by up to life in prison and a $50,000 fine. Examples of Class A Felonies include Murder in the First or Second Degree, Kidnapping in the First Degree, and Rape in the Second Degree.

Defending against Class A Felony charges is extremely complex and requires extensive knowledge of the law and criminal procedure. The stakes are high, and a conviction can result in life-changing consequences. Possible defenses may include challenging the prosecution’s evidence, demonstrating lack of intent, or showing that the accused was acting in self-defense, and a number of other defenses depending on the totality of the circumstances of your case.

In sum, all charges in the state of Washington can have significant consequences on an individual’s life. From Misdemeanor to Class A Felonies, the Law Office of Erin Bradley McAleer has the knowledge and experience to assist you in your case. Hiring an attorney and seeking out legal advice as soon as possible can allow for the attorney to work on your case as soon as possible and provide the best outcome, so don’t wait!  As a criminal defense attorney, it is crucial to develop a strong defense strategy for each level of charges and explore all possible options.

Contact the Law Office of Erin Bradley McAleer and schedule a free confidential consultation with one of our highly skilled attorneys. Take the necessary steps to protect yourself and your freedom today.