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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.

Asked 24 days ago in Juvenile

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.

Answered 19 days ago.

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.

Asked almost 2 years ago in Domestic Violence

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.'

Answered almost 2 years ago.

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

Asked over 2 years ago in Criminal Defense

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

Criminal history record information which consists of nonconviction data only shall be subject to deletion from criminal justice agency files which are available and generally searched for the purpose of responding to inquiries concerning the criminal history of a named or otherwise identified individual when two years or longer have elapsed since the record became nonconviction data as a result of the entry of a disposition favorable to the defendant, or upon the passage of three years from the date of arrest or issuance of a citation or warrant for an offense for which a conviction was not obtained unless the defendant is a fugitive, or the case is under active prosecution according to a current certification made by the prosecuting attorney.

Such criminal history record information consisting of nonconviction data shall be deleted upon the request of the person who is the subject of the record: PROVIDED, HOWEVER, That the criminal justice agency maintaining the data may, at its option, refuse to make the deletion if:

(1) The disposition was a deferred prosecution or similar diversion of the alleged offender;

(2) The person who is the subject of the record has had a prior conviction for a felony or gross misdemeanor;

(3) The individual who is the subject of the record has been arrested for or charged with another crime during the intervening period.

Nothing in this chapter is intended to restrict the authority of any court, through appropriate judicial proceedings, to order the modification or deletion of a record in a particular cause or concerning a particular individual or event.

That said, in addition to reviewing the above, you should speak with an attorney about your eligibility to have non-conviction data removed from your record.

Answered over 2 years ago.