Frequently Asked Questions

Q: What kind of sentence is my son facing?: My son is 18 years old and charged with robbery 1. He didnt have a weapon.he assaulted tbe guy.he didnt take anything from the guy.he has no past criminal history.

A: Matthew’s answer: Your question is under the practice area of "juvenile" defense. However, based on your son's age (18), his matter would be tried as an adult in superior court. Assuming your son is being tried as an adult and he has no criminal history and his case does not involve a deadly weapon his prison range under Washington State SRA is 31-41 months, if convicted of Robbery in the First Degree.

Q: Is it possible for someone to have a restraining order or even be arrested for assault if no marks are visible?: I had a woman prevent me from getting out of a chair while I was holding my four- day- old son. She had leaned on the arms of the chair and using her obesity as a wall, prevented me from getting by her or to even push her arms away from my son and I. She wanted to touch him and I told her to keep her hands off my son. She touched him anyway. She had on excessively long fake nails and was rubbing her hands on my son's head, cheeks, arms, and hands. I was very clear in expressing that I did not want her touching my son.

A: Matthew’s answer: Short Answer: Yes. In the State of Washington a person can be arrested for assault or charged with assault even if no injury occurred. The apprehension of harmful or offensive contact is enough to make a prima facie showing of assault. Take for example, person A throwing a punch at person B. Person B ducks and dodges the punch. Person A can still be charged with assault despite the fact the punch missed the intended target because person B was in apprehension of harmful or offensive contact. In the scenario you describe, contact actually occurred. The issue is whether the contact was harmful or offensive. Bare in mind when it comes to assault cases, 'a couching is offensive if the touching would offend an ordinary person who is not unduly sensitive.

Q: I was charged 2yrs ago with a felony dv.the charges was dropped but it stills show on my background checks how do i get it off: I was charged 2yrs ago with a felony dv.the charges was dropped but it stills show on my background checks how do i get it off felony dv threats was the charge.the charges was dropped and i never saw a judge.i have no prior felonies.there was a 2yr standing where if later if the da wanted or the accuser wanted to could bring the charges up its been 3yrs and the charge still shows on my records. is there anyway to exponage it or remove it

A: Matthew’s answer: Take a look at RCW 10.97.060 Re Deletion of Non-Conviction Data

More Frequently Asked Questions