Category Archives: Domestic Violence

U.S. Supreme Court Upholds Domestic Violence Gun Ban

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Supreme Court upholds federal gun ban for those under domestic violence restraining orders | Fox News

In United States v. Rahimi, the U.S. Supreme Court handed down its most significant gun control ruling in two years. It upheld a federal law that bars people who are the subject of domestic violence restraining orders from owning weapons.

With conservatives and liberals joining the 8-1 majority, the decision was a major win for gun safety groups and victims of domestic violence. It limited a controversial standard the high court’s conservatives had set down in 2022 that required gun prohibitions to have a connection to history to survive constitutional scrutiny.

The case centered on a 1994 law that bars people who are the subject of domestic violence restraining orders from possessing guns. A Texas man, Zackey Rahimi, was convicted for violating that law following a series of shootings.

SUPREME COURT’S PRECEDENT ON GUN CONTROL 

Two years ago, in New York State Rifle & Pistol Association v. Bruen, the Supreme Court said that to survive a challenge, gun laws must have some connection to the nation’s history and tradition.

In Bruen, Justice Thomas wrote on behalf of the Supreme Court’s majority as the court charted a new approach to the Second Amendment. The sweeping “history and tradition test” Thomas put forth in that opinion declared that modern gun-control laws are invalid unless similar restrictions existed in early American history.

Unfortunately, Justice Thomas’s opinion in Bruen sent lower federal courts dumbfounded on whether modern gun laws had some connection to the 18th Century.

RAHIMI ADDRESSES THE CONFUSING PRECEDENT CREATED BY BRUEN.

Chief Justice John Roberts, who wrote Rahimi’s majority opinion, sought to minimize the Court’s disagreements with Justice Thomas, who was the lone dissenter (and wrote Bruen, remember). However, not all the justices were so restrained, with two calling Thomas’ approach “useless.”

Justice Amy Coney Barrett, a conservative who has been raising concerns about the Supreme Court’s approach on history in recent cases, penned a brief concurrence criticizing how some lower courts were looking for near-identical historical gun laws when examining modern regulations.

“Imposing a test that demands overly specific analogues has serious problems. It forces 21st-century regulations to follow late-18th-century policy choices, giving us ‘a law trapped in amber.’” ~Justice Barrett

Please contact my office if you, a friend or family member are charged with Domestic Violence, a Firearm Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

U.S. Supreme Court to Decide Influential Criminal Cases

Bellingham Defense Attorney, Domestic Violence, Firearm, Mount Vernon Criminal Defense Attorney, Obstructing, Skagit County Criminal Defense, United States Supreme Court, Whatcom County Criminal Defense, , , , ,

In Death Penalty Cases, a Texas Court Tests the Supreme Court's Patience - The New York Times

The Associated Press reports the Supreme Court is headed into its final few weeks with nearly half of the cases heard this year still undecided. Some of the criminal cases are quite influential, including ones that could reshape the law on Obstructing, Firearms Offenses and Domestic Violence cases.

Here’s a look at some of the major undecided cases:

Jan. 6, 2021 Riots

A former Pennsylvania police officer is challenging the validity of obstruction charges brought against hundreds of people who took part in the violent assault on the Capitol on Jan. 6, 2021. Former President Donald Trump faces the same charge of obstructing an official proceeding.

The legal issue is whether a law meant to discourage tampering with documents sought in investigations can be used against the Capitol rioters.

The federal charge of Obstruction of an Official Proceeding carries up to 20 years behind bars. It is among the most widely used felony charges in the Jan. 6 cases. It has been brought against extremists accused of plotting to stop the transfer of presidential power from Republican Donald Trump to Democrat Joe Biden as well as in dozens of less serious cases.

Guns & Domestic Violence

The justices are weighing whether to uphold a federal law that seeks to protect Domestic Violence victims by keeping guns away from the people alleged to have abused them.

The case, United States v. Rahimi, made its way up to the Supreme Court after the Biden administration asked the justices to review a decision earlier this year by the U.S. Court of Appeals for the 5th Circuit that struck down a federal law that bars people under domestic violence orders from having firearms.

An appeals court struck down a law that prohibits people under domestic violence restraining orders from possessing firearms. That court found that the law violated the 2nd Amendment right to “keep and bear arms” following the Supreme Court’s 2022 ruling that expanded gun rights and changed how courts are supposed to evaluate gun restrictions.

Homelessness

The most significant Supreme Court case in decades on homelessness centers on whether people can be banned from sleeping outdoors when shelter space is lacking.

A San Francisco-based appeals court decision said that amounts to cruel and unusual punishment. Leaders from California and across the West say that the ruling makes it harder for them to regulate homeless encampments encroaching on sidewalks and other public places. Advocates say it would criminalize homelessness just as rising costs have pushed the number of people without a permanent place to live to record levels.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Prosecution Must Prove Defendant Knowingly Violates a No-Contact Order

Bellingham Defense Attorney, Domestic Violence, Mount Vernon Criminal Defense Attorney, No Contact Order, Prosecutorial Misconduct, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

No-Contact Order Violation | Law offices of Alexander Ransom

In State v. Morales Sanchez, the WA Court of Appeals reversed a defendant’s conviction of Felony Violation of a No-Contact Order. In short, the Court reasoned that for an act to constitute a willful violation of a court order restricting contact, the restrained party must know of the specific provision of the Order that her or his act violates.  Therefore, to prove the mens rea of a willful violation, the State must prove the defendant knew of the specific provision of the Order that his or her act violates. To argue otherwise misstates the law.

FACTUAL BACKGROUND

The alleged victim Ms. Mejia procured a no-contact order prohibiting Mr. Morales Sanchez from contacting her. The State charged Morales Sanchez with two counts of violation of a court order— domestic violence. The case went to a jury. Ms. Mejia testified at trial as to the alleged violations. According to her, she was home with her children when she heard knocking on her bedroom window. She saw Morales Sanchez outside under a tree and called the police. Ms.  Mejia also testified that, about a week later, she received text messages from the defendant.

In closing arguments, the State Deputy Prosecutng Attorney (DPA) made multiple comments as to the knowledge requirement of violation of a no-contact order. First, it told the jury, “This element does not say the Defendant knew of the provisions of this order and knowingly violated this order. The knowing part refers solely to the violation.” The DPA also said the following:

“And, again, I want to emphasize this, because out of everything I’m going to say, this is one of the most important things for you to remember. This element does not say [Morales Sanchez] knew of the provisions of this order and knowingly violated a provision of this order. What I have to prove to you is that [Morales Sanchez] knowingly violated a provision of this order. There is a big difference.” ~State DPA at Closing Argument

Additionally, the State DPA showed the jury PowerPoint slides consistent with this notion. Morales Sanchez was convicted by the jury as charged. He appealed on arguments that the DPA misstated the law by inaccurately explaining the “knowledge” element of the charge.

COURT’S ANALYSIS & CONCLUSIONS

The Court of Appeals (COA) began by saying the crime of willful violation of a court order has three essential elements: (1) the willful contact with another; (2) that a valid no-contact order prohibits such contact; and (3) defendant’s knowledge of the no-contact order.

“Willfulness requires a purposeful act,” stated the COA. Inadvertent or accidental contact is not enough. It reasoned that not only must the defendant know of the no-contact order; they must also have intended the contact. Proof that a person acted knowingly is proof that they acted willfully. Furthermore, a defendant cannot be prosecuted unless they know of the existence of the order.

Here, the COA held that the State DPA made an improper remark that merits reversal of the conviction. Here, the DPA explained the law as requiring that Morales Sanchez knew of the order and knew that and knowingly violated a provision of that order. The COA believed the DPA statement was inaccurate:

“We hold that this is a misstatement of the law because it fails to fully explain what a knowing violation includes and instead misleads the jury into thinking the State had to only prove Morales Sanchez knew generally of the existence of an order. Rather, the State is required to prove that Morales Sanchez knew what he was doing and that he knew his conduct was a violation of the order. This remark by the prosecutor fails to appreciate the distinction.”

Without properly explaining this distinction to the jury, the State was relieved of its burden of proof to establish Morales Sanchez’s knowledge of the no-contact order and Morales Sanchez’s knowledge that his willful contact with Rivera Mejia violated the no-contact order. This is a misstatement of the applicable law, and was therefore improper.” ~WA Court of Appeals

In addition, the DPA’s aruments blurs the State’s burden of proof. Here, the DPA failed to convey that the State must prove that Morales Sanchez must have known of the no-contact order, intended the contact, and knew that the contact was a violation of the order.

“We hold that the State committed prosecutorial misconduct because it misstated the elements it was required to prove and thereby relieved itself of the burden of proof before the jury. This had a substantial likelihood of affecting the jury’s verdict. Accordingly, reversal is required.” ~WA Court of Appeals

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Why Does Crime Increase During the Holidays?

Bellingham Defense Attorney, Domestic Violence, DUI, Mount Vernon Criminal Defense Attorney, Retail Theft, Skagit County Criminal Defense, Theft, Whatcom County Criminal Defense, , , , ,

Holiday Drinking: Beware Seasonal Triggers for Overindulging in Alcohol | Rutgers University

When most people think about the holidays, they imagine quality time spent with family and friends. Unfortunately, although it’s the season of giving and goodness, holiday crime statistics show that retail theft and other crimes spike by 30% or more. There are several reasons why holiday crime statistics are higher than any other time of year.

REASONS WHY CRIME INCREASES DURING THE HOLIDAYS

  • Increased consumption of alcohol: Many events surrounding the holidays involve food and drink, and some people take the risk of driving home drunk.
  • Heightened emotions: Some people have a difficult time during the holidays. They may have been cast away by family members or living in a home where domestic violence is present. Self-inflicted wounds, addiction, and assaults are more common in those who become more emotional during the holidays. Strong emotions can cause people to make impulse decisions they may later regret.
  • Increased theft: The business and distractions of hectic stores, and the pressure to give gifts during the holidays can lead some people to resort to theft.

CRIMES COMMITTED DURING THE CHRISTMAS HOLIDAYS

Black Friday, Boxing Day, and seasonal sales bring the busiest shopping times of the year. Despite the reduced prices and great deals, some people are tempted to steal from stores and from customers. Organized Retail Theft and shoplifting are crimes which tend to increase this time of year. Cyber fraud and theft also rise during the holidays as more people use online payments to buy gifts. There are several frauds that ask people to click links or give personal banking information to unsolicited emails.

Another crime that increases during the holidays is Domestic Violence. Increased stress, financial troubles and Depression are contributing factors. This, in combination with the increased alcohol consumption and drug abuse, contribute to this spike.

NEW YEAR’S EVE CRIMES

New Year celebrations usually see an increase in crimes such as Driving Under the Influence (DUI). Many people celebrate the entrance of a new year by drinking with friends and family. Some people may think they have control over their actions or over the vehicle when they drive home drunk. However, law enforcement is aware of this. That’s why many officers patrol the streets on holiday emphasis patrols. Keeping the streets safe is one of their primary duties over the holidays. Therefore, the chances of getting caught are even higher than one might think.

Please contact my office if you, a friend or family member are charged with a crime during the holidays. Don’t tarnish Christmas or New Year’s Eve with a criminal conviction. Hiring an effective and competent defense attorney is the first and best step toward justice.

Bellingham Labelled Drunkest City in the State

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What's the Deal With: Bellingham's unofficial slogan?

Informative article by journalist Alyse Smith reports that Bellingham is the drunkest city in the State of Washington. This comes according to a recent report by 24/7 Wall Street, a financial news and opinion website.

The report ranked cities by compiling data on percentages of people over 18 who reported heavy or binge drinking in the area, along with a report of county health rankings and the number of alcohol-related driving deaths.

The report found Bellingham to be the drunkest city in the state, with 22.9 percent of adults reporting to drink excessively, compared to 18 percent statewide. The report also found that Whatcom County had the 13th highest percentage of driving deaths involving alcohol in the state.

The report follows Bellingham’s 17th ranking as the 17th city with most breweries per capita in the United States in 2019 by Food & Wine magazine.

In 2021, Bellingham had one brewery for every 6,153 residents, according to the Visit Bellingham Whatcom County website. These breweries include Boundary Bay Brewery, Structures Brewing, Stemma Brewing Company, Kulshan Brewing Company, El Sueñito Brewing Company, Aslan Brewing Co., Twin Sisters Brewing Company, Wander Brewing, Gruff Brewing Co., Stones Throw Brewing Co., Menace Brewing Co., Otherlands Beer and Larrabee Lager Company.

Whatcom County is also home to other breweries, distilleries and cideries, such as Fringe Brewing, Bellingham Cider Company, Chuckanut Bay Distillery, Bellewood Farms distillery and North Fork Brewery.

My opinion? By all means, enjoy the amenities that Bellingham offers. It’s a wonderful city.

And remember to enjoy and entertain responsibly. There is a strong evidence linking alcohol with Domestic Violence. Various factors are linked to chronic alcohol use and violence. They include psychiatric behavioral issues such as  personality disorders, mood disorders, and intermittent explosive disorders. Individuals prone to aggressive behaviors are more likely to commit impulsive violent crimes, especially under the influence of alcohol.

Please contact my office if you, a friend or family member are charged with an alcohol-related crime. These crimes may include DUI, Assault and/or Domestic Violence. In some cases, the actual substantive defense of Voluntary Intoxication may apply. Hiring an effective and competent defense attorney is the first and best step toward justice.

Washington’s 2022 Crime Report: Homicides Are Up, Police Staffing is Down

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The Washington Association of Sheriffs and Police Chiefs‘ (WASPC) reported that Homicides and other violent crimes increased in Washington state at a dramatic pace last year.

“The rate of murders, violent, and property crimes rose across the state, while the number of officers available to respond and serve our communities decreased again in 2022. There were 394 murders in 2022, an increase of 16.6% over 2021. This is the highest number of murders recorded since WASPC began collecting this data in 1980. Homicides have increased by 96% since 2019. Crimes against persons, property, and society all increased in 2022, and violent crimes showed an increase of 8.9%.” ~WASPC 2022 Crime Report

The report analyzed 2022’s crime data across the state. It was compiled with data from 231 state, county, municipal, and tribal agencies within Washington.

WHAT DOES THE OTHER DATA REVEAL?

Other significant trends the report disclosed were motor vehicle theft rising by 34%. Also, nearly 46% of all crimes against persons were defined as domestic violence. Moreover, 544 hate crimes were reported last year. Finally, the state logged 719 fewer arrests for drug or narcotic violations.

This data follows a pattern the state saw last year with increases in violent crime. According to WASPC’s report, violent crime increased by 12.3% from 2020 to 2021. There were 325 murders recorded in 2021, an increase of 5.9% over 2020. The year 2021 had the highest number of murders recorded before 2022 broke its record.

ENROLLMENT FOR LAW ENFORCEMENT OFFICERS DECREASED.

“The total number of commissioned officers statewide was 10,666, down from 10,736 in 2021, while the total population of the state increased by 93,262,” the report continued. “Washington again is ranked 51st out of the 50 states and District of Columbia for the number of officers per thousand residents. Reported cases of officers assaulted were 2,375 in 2022, an increase of 20.7%.”

The report said the reduced law enforcement staffing means less ability to provide justice for victims, fewer people to de-escalate, less behavioral health assistance and many agencies “treading water.”

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

DOJ Wants Review of DV Firearms Ruling

Bellingham Defense Attorney, Constitutional Rights, Domestic Violence, Firearm, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, United States Supreme Court, Whatcom County Criminal Defense, , , , ,

Appeals court strikes down domestic violence gun law - Washington Times

The Justice Department has petitioned the United States Supreme Court (USSC) to overturn United States vs. Rahimi. This recent and controversial court decision from the 5th Circuit allows individuals charged with Domestic Violence (DV) crimes to possess firearms. The Justice Department (DOJ) argues that the risk of homicide rises when there’s a gun in a house that has a domestic abuser. As a result, millions of Americans will be victims of intimate-partner abuse.

“And if allowed to stand, it would thwart Congress’s considered judgment that persons who have been found to be a threat to their intimate partners or children should not be permitted to acquire or possess firearms.” ~U.S. Department of Justice

The government filed the petition on an expedited schedule to allow the Supreme Court to determine whether it will take up the case.

THE 5TH CIRCUIT FEDERAL COURT OF APPEALS’ RULING IN U.S. V. RAHIMI.

In Rahimi, Fifth Circuit ruled that the federal prohibition on gun possession for people subject to DV restraining orders (DVROs) is unconstitutional under the Second Amendment. Rahimi pointed to the Supreme Court’s decision in New York State Rifle & Pistol Association Inc. v. Bruen. That case provided a legal framework for gun laws supporting the tradition and history of the Constitution’s Second Amendment.

The 5th Circuit found the government failed to show that the statute’s “restriction of the Second Amendment right fits within our Nation’s historical tradition of firearm regulation.”

THE DOJ’S RESPONSE TO U.S. V. RAHIMI.

The appellate court ruling caught the attention of the Justice Department early on. The government wrote in its petition that the 5th Circuit “overlooked the strong historical evidence supporting the general principle that the government may disarm dangerous individuals. The court instead analyzed each historical statute in isolation.”

In a hearing before the Senate Judiciary Committee last week, witnesses said the Supreme Court decision in Bruen has wreaked havoc on the country’s gun control laws. At the committee hearing, Ruth M. Glenn with the National Coalition Against Domestic Violence called attention to the 5th Circuit’s U.S. v. Rahimi.

“The lack of historical laws restricting firearms access by domestic abusers is not evidence that such laws are unconstitutional . . . Rather it is a reflection of the legally subordinate status and general disregard for the rights and needs of women in early America.” ~Ruth M. Glenn, National Coalition Against Domestic Violence

Please contact my office if you, a friend or family member are charged with DV, Firearms Offenses or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

High Court Decides Barring People With DV Restraining Orders From Having Guns Is Unconstitutional

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5th Circuit Overturns Law that Kept Guns Away from Domestic Abusers

CNN reports that a federal court held unconstitutional a federal law prohibiting people subject to domestic violence restraining orders from possessing firearms. The ruling is the latest significant decision dismantling a gun restriction. Last year, the Supreme Court expanded Second Amendment rights in New York v. Bruen.

The 5th US Circuit Court of Appeals said that the federal law targeting those believed to pose a domestic violence threat could not stand under the Bruen test, which requires that gun laws have a historical analogy to the firearm regulations in place at the time of the Constitution’s framing.

The court’s opinion was written by Judge Cory Todd Wilson, who was appointed by former President Donald Trump. He was joined by Reagan-appointee Judge Edith Jones and Judge James Ho, another Trump appointee who also wrote a concurrence.

The 5th Circuit panel was not persuaded by the historical parallels put forward by the US Justice Department, which was defending the conviction of a person who possessed a firearm while under a domestic violence restraining order that had been imposed after he was accused of assaulting his ex-girlfriend.

The Justice Department argued that the domestic violence law was analogous to 17th-and 18th century regulations that disarmed “dangerous” persons.

“The purpose of these ‘dangerousness’ laws was the preservation of political and social order, not the protection of an identified person from the specific threat posed by another,” the 5th Circuit opinion read. “Therefore, laws disarming ‘dangerous’ classes of people are not ‘relevantly similar'” to “serve as historical analogues.” ~5th Circuit Judge Cory Todd Wilson

A spokesperson for the Justice Department did not immediately respond to a CNN inquiry. If the 5th Circuit’s ruling is appealed, it could set up another showdown over gun rights at the Supreme Court.

The defendant challenging his conviction, Zackey Rahimi, had lost in an earlier round before the 5th Circuit, before the Supreme Court issued its Bruen ruling last year. The previous 5th Circuit opinion was withdrawn after the Bruen decision was handed down, and the appeals court did another round of briefing directed at the new test.

My opinion? I don’t see similar rulings coming from our 9th Circuit Court of Appeals. The 9th Circuit’s federal jurisdiction is fairly liberal, and includes the State of Washington.

Please contact my office if you, a friend or family member are charged with a firearm offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Animal Cruelty Can Be DV

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Animal Cruelty and Domestic Violence - The Link Between Cruelty to Animals and Violence Toward Humans

In State v. Abdi-Issa, the WA Supreme Court held that Animal Cruelty may be designated
as a crime of Domestic Violence.

BACKGROUND FACTS

Ms. Fairbanks began dating Mr. Abdi-Issa shortly after she moved to Seattle with her dog, Mona. Mona was a small Chihuahua and Dachshund mix. Fairbanks testified she was close to Mona. Abdi-Issa, however, had a history of disliking Mona. Abdi-Issa was abusive toward Fairbanks and Mona, even threatening to kill them both.

One evening, while they were out in Seattle’s International District, Abdi-Issa insisted Fairbanks let him take Mona on a walk. Fairbanks objected, but Abdi-Issa ignored her and left with Mona. Not long after he left, Abdi-Issa called Fairbanks claiming that Mona had gotten out of her harness and that he could not find her. Fairbanks did not believe him, as Mona had never gotten out of her harness before. Abdi-Issa refused to tell her more. Fairbanks began to panic after she heard Mona yelping over the phone.

Around that same time, bystanders heard a sound of great distress. One of the bystanders was Ms. Ludin. She followed the sound and saw Abdi-Issa beating and making “brutal stabbing” motions toward Mona. She also saw Abdi-Issa kick Mona so hard that she went up into the air and into the bushes. Each time Mona was struck she made a screeching, screaming, pained, sound that was at last followed by silence.

Seattle Police Officers responded to the 911 call. Mona was found, still alive, underneath a bush. Officers transported Mona to an emergency veterinary clinic. Mona arrived at the clinic nearly comatose. She had severe swelling in her brain, bruising on her chest, and a wound to the top of her head. By the time Fairbanks arrived at the veterinary clinic Mona had died. A necropsy found that Mona had died from multiple instances of blunt force trauma.

The State charged Abdi-Issa with First Degree Animal Cruelty and sought a domestic violence designation. The State also charged two sentencing aggravators: (1) that the crime had a destructive and foreseeable impact on persons other than the victim, and (2) that Abdi-Issa’s conduct during the crime of domestic violence manifested deliberate cruelty or intimidation of the victim. Abdi-Issa unsuccessfully moved to dismiss the domestic violence designation and aggravators multiple times.

The jury found Abdi-Issa guilty of animal cruelty. The jury also found that Abdi-Issa and Fairbanks were in a domestic relationship prior to the crime. This allowed for a domestic violence designation.

The court imposed the maximum 12-month sentence for the crime of animal cruelty, and an additional 6 months for the aggravator, sentencing Abdi-Issa to an 18-month prison sentence. Based on the domestic violence designation, the court also imposed a no-contact order prohibiting Abdi-Issa from having contact with Fairbanks.

However,  the Court of Appeals vacated the domestic violence designation, the no-contact order, and the sentencing aggravator. The State appealed. The WA Supreme Court granted review and addressed the State’s appeal.

COURT’S ANALYSIS AND CONCLUSIONS

1. Animal Cruelty as a Crime of Domestic Violence

First, the WA Supreme Court decided that Animal Cruelty may be designated a crime of domestic violence. At first, the Court said Abdi-Issa correctly argued that Animal Cruelty is not a designated DV crime.

“But the list of crimes is explicitly nonexclusive,” wrote Justice Gonzalez. The court further reasoned that many of the designated DV crimes, including Burglary and Malicious Mischief, are against a victim’s property.

“Pets, as a matter of law, are considered personal property. Here, Fairbanks was directly harmed as a result of Abdi-Issa’s violent killing of her beloved pet and companion. She is plainly a victim of Abdi-Issa’s crime.” ~Justice Steven C. Gonzalez, WA Supreme Court

2. Sentencing Aggravator—Impact on Others

Next, the Court addressed whether the “Impact on Others” sentencing aggravator was appropriate. Here, defendants face increased consequences if the offense involves a “destructive and foreseeable impact on persons other than the victim.” Justice Gonzalez emphasized how Ms. Ludin, the bystander who witnessed the attack on Mona, was deeply affected by the incident.

“Ludin made the 911 call and was very distressed when the police arrived. Ludin testified that she had a severe panic attack that night, sitting in her car for a long time before she was calm enough to drive herself home. She continued to have flashbacks, had trouble sleeping, and would go into a state of panic whenever she heard a ‘high pitched, squeaky sound.’ Abdi-Issa’s act had a destructive and foreseeable impact on Ludin.

Abdi-Issa’s actions impacted someone other than Fairbanks. This emotional and psychological trauma will be something that Ludin and Fairbanks continue to carry. The sentencing aggravator was properly applied in this case.” ~Justice Steven C. Gonzalez, WA Supreme Court

Consequently, the Court held that Animal Cruelty can be designated as a DV crime and that the sentencing aggravators were appropriate.

Please contact my office if you, a friend or family member are charged with Domestic Violence or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

NCO’s & Double Jeopardy

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Brett Kavanaugh, Double Jeopardy, And Presidential Pardons

In State v. Madden, the WA Court of Appeals held that a defendant who contacted a person with three separate No-Contact Orders (NCO’s) against him may only be punished for a single count of Violation of a No-Contact Order.

BACKGROUND FACTS 

Mr. Madden Jr. contacted a person with three separate no-contact orders against him. For this single act, the State charged Madden with three counts of Violating a No-Contact Order (DV). The jury found him guilty as charged. Madden appealed on arguments that his three convictions for violation of a no-contact order violated Double Jeopardy principles

COURT’S ANALYSIS & CONCLUSIONS

The WA Court of Appeals began with the background that Article I, section 9 of the WA State Constitution and the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution protect against multiple punishments for the same offense.

“When a person is charged with multiple counts of the same offense, each count must be based on a separate and distinct criminal act,” said the Court, quoting State v. Mutch.  “It must be manifestly apparent from the record, testimony, and argument that identical charges are based on separate acts.”

Furthermore – and importantly – the Court of defined what a “Unit of Prosecution” was. “Unless the legislature clearly and unambiguously intends to turn a single transaction into multiple offenses, the Rule of Lenity requires a court to resolve ambiguity in favor of one offenses,” said the Court.

Consequently, the Court reasoned that while Mr. Madden violated multiple court orders, he committed only one act constituting a “violation.” The Court further reasoned that the State cites no case in which a court allowed multiple convictions under a single statute based on a single act. Finally, the court reasoned that when a person is charged with multiple counts of the same offense, each count must be based on a separate and distinct criminal act. “Any other interpretation would lead to an unconstitutional result.”

With that, the Court of Appeals reversed counts two and three of Madden’s No-Contact Order Violation convictions.

Please read my Legal Guide Defending Against Domestic Violence Charges and contact my office if you, a friend or family member are charged with Domestic Violence crimes, including Assault and/or No-Contact Order Violations. Hiring an effective and competent defense attorney is the first and best step toward justice.