Category Archives: Malicious Mischief

DV Assault & Malicious Mischief Charges DISMISSED

 

Today, Mr. Ransom obtained dismissals on a Client’s charges of Assault Fourth Degree (DV); Malicious Mischief Third Degree (DV) and Malicious Mischief Third Degree (non-DV).

These crimes are gross misdemeanors. Each one of them is punishable up to a year in jail, a $5,000.00 fine, DV evaluations, drug/alcohol evaluations and 2-5 years of active probation. Being convicted also harmed Client’s future employment opportunities, prohibited the owning/possessing a firearms and denied his entry into Canada.

Mr. Ransom’s investigations revealed that all parties were heavily intoxicated, Client acted in self-defense and the alleged victims did not want to pursue charges. Based on this, Mr. Ransom convinced Prosecutor to enter a 6-month Stipulated Order of Continuance (SOC). Client dutifully and successfully completed the SOC’s stipulations. This favorable resolution avoided trial and resulted in dismissals of all charges.

Mr. Ransom and Client are extremely grateful for the efforts of government authorities who investigated and negotiated this case.

Jury Acquits Mr. Ransom’s Client of Assault Fourth Degree (DV) & Malicious Mischief Third Degree (DV)

Client was charged with Assault Fourth Degree Domestic Violence (DV) under RCW 9A.36.041 and Malicious Mischief Third Degree (DV) under RCW 9A.48.090. Here, Client allegedly destroyed her ex-boyfriend’s laptop and struck him in the face while they argued. Both crimes are gross misdemeanors punishable up to 1 year jail and a $5,000 fine each. Making matters worse, a conviction for DV crimes brings enhanced jail penalties, mandatory DV evaluations and treatment, mandatory probation, a court-imposed No-Contact Order with the alleged victim and loss of firearms rights.

The Prosecutor refused to negotiate or resolve the charges in light of client’s prior criminal history. Also, the alleged victim insisted he was victimized throughout his relationship with Client. Nevertheless, and at trial, Mr. Ransom successfully suppressed evidence of Client’s prior bad acts and criminal convictions under Evidence Rule (ER) 404(b) and ER 609. Although the judge denied Mr. Ransom’s self-defense jury instruction, Mr. Ransom successfully prevailed at trial by raising reasonable doubt to the State’s lack of evidence and the alleged victim’s lack of credibility. The jury acquitted Client under 1 hour.