In twenty-three years, we have either prosecuted or defended most crimes on this list. No matter what side you are on, good litigation means excellent investigation, academic research, negotiation, creativity, sharp writing skills, trial performance and people skills
EACH CATEGORY HAS ITS OWN UNIQUE POLITICS AND LAW
ASSAULT
Criminal “assault” covers an incredibly large range of human behavior. Most people do not realize you can commit an assault just by making a threatening gesture or doing something that makes someone think they will be contacted. It also includes the slightest physical contact like a finger jab, spit or bump. Assault can be challenging for the prosecutor and often involves “fights” where it’s hard to determine the aggressor. Read more
FIREARMS & REINSTATEMENT
Firearms are a deeply historical, heavily regulated and misunderstood area of law. Most of Washington’s are contained in RCW 9.41. Many of these rules reflect principles laid out in our Second Amendment and an independent, rural society that formed and maintained them. By the same measure, our government can quickly remove these rights and add severe punishment for crimes involving a variety of weapons. Read more
DRIVING & LICENSE CRIMES
The law has a special place for crimes committed in the car. Some of the longest mandatory jail terms are reserved for this category. From DUI, Reckless Driving, Attempt to Elude and Driving While License Suspended, a person can actually serve half a year in jail for simply getting behind the wheel. And by “mandatory” jail, the law requires the judge and prosecutor to both ask and issue this jail term. Read More
DRUGS
The government’s approach to drugs is often as “dazed and confused” as the addicted. Drugs make up a huge portion of the criminal justice system. Whether legal, illegal, and often in-between, drugs also make up a large portion of our economy. A citizen can be charged for a wide range of drug violations from mere possession, to sophisticated sales, to altering one number on their prescription bottle. Read More
DOMESTIC VIOLENCE
Most of our lives are in the family setting. So are many crimes. Humans have known this forever, psychiatrists just as long, and the government only recently changed its approach. Unfortunately, our government went overboard, defined a large group of people as a “domestic” unit, and removed the discretion of our police, judges, prosecutors, and therapists. Read more
THEFT
Some of the strangest cases involve accusations of theft. These acts range from the simple shoplift to sophisticated corporate fraud networks. As police and prosecutor budgets continue to shrink, property crimes are also the number one area where the government is starting to shift. More than any other criminal category, a defendant can benefit from the early assistance of an experienced attorney. Read more
DUI IS A VERY UNIQUE CRIME
It is also the only crime that at one point or another, many of us have come close to committing whether we realized it or not. Most crimes contain both a criminal act (actus reus) and a “criminal” intent (mens rea). Unfortunately, to be convicted of DUI, all you need to do is get in your car and later, even two hours later, produce a particular breath concentration: .08 grams of alcohol per 210 litres of breath to be exact. Read more
ROBBERY & BURGLARY
Under the 4th Amendment, the home is such a sacred place, even the government needs special permission to enter. Burglary however involves much more property than the place you live. Robbery is a very serious felony and unfortunately, it is nothing like the classic crime you see on television. Very little force is required to convict someone of the offense and can include the simple act of escape or merely hiding the property. Read more
TRAFFIC TICKETS: THE NEW TAX
In an era of massive government debt, traffic tickets have become even more vital to local government. Not long ago, these hearings were rarely staffed by prosecutors and courts would give an individual a break if their driving record was clean or the driving was minimal. Those days are gone and just about every city and county fights hard for these precious local funds. Camera tickets are also breaking new legal ground. Read more
PRINCIPLES OF CRIMINAL LIABILITY
Crime is often defined by “intentionally” harming someone or their property. This principle has expanded and many crimes no longer require anyone to “intend” to do anything. DUI is a common example. The state does not have to prove your state of mind at all, just that you drove a vehicle and your alcohol level. Crime is normally divided into two parts: the Actus Reus or the criminal act itself and the Mens Rea or the criminal state of mind in the actor. Read more