Personal Injury and Criminal Defense Legal Blog

How much force can a parent use in disciplining their child without becoming criminally liable

In Edmonds, Washington, Councilman Dave Orvis was recently acquitted by a jury of criminal charges of domestic violence assault. The alleged victim was his 13 year old son. Orvis could have faced up to a year in jail if convicted of the fourth-degree domestic violence assault charge. He could have also been ordered to attend domestic violence/anger management counseling under the supervision of the Snohomish County District Court in Everett. “Obviously, I’m relieved,” Orvis said. “If I thought what I’d done was against the law, I would have pleaded guilty.”

Snohomish County Deputy Prosecutor Jesse Corkern told jurors that Orvis had “crossed the line” when he grabbed his son by the hair and dragged him down a hall at the family’s Edmonds home after the boy refused to do his homework and repeatedly told his father to “shut up” in May. Orvis’ son was not injured during the alleged altercation; however he ran away for a week. When he returned, he told police he was not in fear for his safety at the family home.

The Snohomish County Deputy Prosecutor argued that Orvis’ own statement to police that he had “flipped out” in trying to deal with his son that afternoon was strong evidence that he was guilty of domestic violence. The prosecutor argued that parents have the duty to maintain control. Criminal-defense attorney Mark Mestel asked jurors to be the “conscious of the community” and decide whether the state should criminalize a parent who uses reasonable force against a “stubborn and resistive” teen. Mestel argued Washington law allows parents to use force to restrain a child as long as it’s reasonable and moderate. This is a very discretionary standard that that will turn on the specific facts of each criminal prosecution. Mestel argued the law attempts to balance the need of parents to discipline their children with the state’s interest in keeping them from harm.

Jurors who spoke to reporters after the trial said they didn’t think Orvis used excessive force, and they questioned bringing criminal charges against a frustrated parent. “I have a problem with the state getting involved with minor disputes in a family,” said Scott Johnston, the foreman of the jury. The jury foreman shook Orvis’ hand after the trial and told him, “If you’re guilty, every parent is guilty.”

Domestic Violence Assault Suspect Commits Suicide in Bellevue

A Mercer Island resident appears to have committed suicide following allegations that he assaulted his ex-girlfriend in the late afternoon of March 3, 2010 in Bellevue. Bellevue Police were investigating Jay Blake Williams on allegations of domestic violence assault, based on statements that he pistol-whipped his ex-girlfriend. Williams waited for his ex-girlfriend outside of her place of work in Bellevue. When he noticed her walking towards her car, he threatened her and then struck her in the face and head several times with a pistol. He then fled the scene. Immeidaltey after the assault, the victim returned to her work and called 911. She is currently in satisfactory condition at Harborview Medical Center.

Famous Rocker Arrested on Charges of Domestic Violence Assault

Ronnie Wood of the Rolling Stones was arrested on allegations of Doemstic Violence Assault. He was released the next day on bail. The 62 year old rock legend is currently answering inquiries in the south England Criminal Court system.
Wood’s private life has been in turmoil for more than a year since he started a relationship with Russian Ekaterina Ivanova. That led to his divorce last month by Jo Wood, his wife of 24 years, on the grounds of adultery.

Hate Crimes on the Rise in US According to FBI

According to an AFP article, the number of hate crimes that occurred in the United States in 2008 rose slightly from figures recorded in 2007. That is, there were nearly 9,700 hate crimes in the U.S. in 2008 compared to 9,500 that occurred in 2007. Reportedly, more than half the crimes committed in the U.S. were racially motivated, with 6,927 perpetrators having been identified in those crimes. The data, provided by the FBI’s annual report on the matter, comes at the heels of the passing of the Matthew Shepard and James Byrd Jr Hate Crimes Prevention Act. The Act is a bill that will expand the criteria for which an act is considered a hate crime to include acts of violence motivated by biases against sexual orientation, gender identity and disability.

The majority of the reported hate crimes consisted of acts of intimidation or simple assault, although there were documented cases of murder and rape that did take place and fell into the category of a hate crime. While the FBI reasons that a two percent increase occurred with each successive year, human rights organizations argue that hate crimes increased more than four percent in 2008, and has risen by a total of 54% since the year 2000.

Hate crimes can take on a variety of forms. Consequently, the circumstances surrounding hate crimes are all different, and each case should be thoroughly examined on an individual. For hate crimes that occur in Seattle, the best defense against charges associated with such acts involves retaining the services of an experienced hate crime defense attorney that will fight to ensure that the rights of the accused are upheld in a court of law.

The aggressive and experienced Seattle criminal defense attorneys at McNeese & Trotsky, PLLC, will examine the circumstances surrounding your arrest, and will mount the strongest possible defense on your behalf given those circumstances. If you have been accused of a Seattle hate crime, don’t hesitate to contact our skilled defense attorneys as soon as possible. Please call us today at 888-282-6977 for a free and confidential evaluation of your Seattle defense case.

Source:http://www.google.com/hostednews/afp/article/ALeqM5iOM3fJoqDlngnXxINrzhvB5rDqkg

Kids Use Pit Bull to Attack SeaTac Women

Seattle’s Q13Fox news station (KCPQ-TV) recently reported in an article that two Seattle women were attacked by a group of teenagers (three boys, ages 13, 12, and 11; one girl, age 15) and their pet pit bull. The two victims, ages 63 and 41, were each beaten by the 15-year-old girl of the group, as well as attacked by the leashed pit bull. The victims of the Washington violent crime sustained bruising from the beatings and puncture wounds from the dog bites. The 41-year-old woman sustained more serious dog bites, with the skin on her left forearm being flayed open so severely that her bone was visible. Treatment sought by both women as well as their conditions was not reported.

The 63-year-old women reportedly witnessed the group of teenagers kicking and mistreating the pit bull while she was driving near the 13300 block of Des Moines Memorial Drive in SeaTac. The woman stopped her car because she thought the teenagers were in trouble and she wanted to help them. The 15-year-old girl reportedly told the woman to mind her own business, and then proceeded to drag the woman out of her car by her hair through the passenger’s side of the car. The 15-year-old girl repeatedly punched the victim, while one of the boys in the group ran over with the pit bull. As the 15-year-old girl continued to assault the woman, the pit bull bit the woman repeatedly, and was then pulled off of her when the group of teenagers fled into North SeaTac Park.

The 41-year-old woman reportedly witnessed the attack, and confronted the group of teenagers in North SeaTac Park. The 15-year-old girl then reportedly head-butted the woman and began delivering punches to the woman’s head and body. The pit bull, increasingly agitated, attacked the woman, gnashing at her head, face, and arms.

The King County Sheriff’s office took custody of the dog, relinquishing it to Animal Control. The teenagers were released into the custody of their parents. Sheriff’s detectives will likely file felony assault charges against the 15-year-old girl. It was not reported whether or not charges would be filed against any of the teenage boys.

In all criminal defense cases, and especially those dealing with juvenile crimes, it is important to have a skilled attorney on your side that will exhaust every aspect of the law to ensure that the charges brought against you are as minimal as possible. At McNeese & Trotsky, our knowledgeable and experienced Seattle assault defense attorneys have years of experience in defending those accused of criminal offenses. Please call us today for a free consultation and we will begin examining the details of your case with the utmost discretion and professionalism.

Seattle Assault by Teen at Graduation Creates Disturbance

The Seattle Times recently reported in an article that Seattle’s Meany Middle School’s graduation ceremony was interrupted for about a half-hour when two girls, ages 14 and 15 years old, incited a disturbance amongst the crowd in attendance and assaulted an off-duty Seattle police officer who was working security at the event. There were no reports of injuries to either of the two girls, off-duty officers involved, or spectators in attendance for the graduation.

The 14-year-old girl, who had been asked to stay away from the campus earlier in the year, showed up at the ceremony and began to cause a commotion. The off-duty police officers recognized the girl as a trespasser. As the off-duty officers approached the 14-year-old girl, one of the officers was assaulted by the second girl, age 15. The crowd soon became agitated, and additional law enforcement had to be called to the scene to help settle the crowd.

Both girls were arrested and taken into custody, and both now face the possibility of criminal charges being filed against them. The 14-year-old girl was charged with assault in Seattle of an off-duty police officer. The 15 year-old girl was released to her parents without immediate charges filed against her. Both girls could face trespassing charges as well.

At McNeese & Trotsky, we understand that the facing criminal charges alone can be extremely difficult, especially for juveniles. Our skilled Seattle criminal defense attorneys will handle every aspect of your case, and ensure that charges brought against you are made as minimal as possible. If you or a loved one has recently been accused of a crime, please don’t hesitate to contact the Seattle, Washington lawyers at McNeese & Trotsky. The call is free, and so is the consultation. Call us today.

Suspects Charged in Marysville Slaying

The Seattle Times reported in an account that two men, ages 25 and 22, were arrested near the Iowa-Missouri border on suspicion of driving a stolen vehicle. Investigation further revealed that the two men were responsible for the beating death of a 73 year old woman of Marysville, WA. They have been charged with second-degree murder.

One of the young men is a convicted sex offender and already had an extensive criminal history prior to the arrest. The other suspect had been convicted of numerous misdemeanor convictions prior to this incident. Both men were suspected of being under the influence of narcotics at the time of arrest. Before the slaying, both perpetrators had been living in an Everett homeless shelter and were patients at Compass Hill, a treatment center that looked after the mentally ill.

The two men reportedly bludgeoned the woman with a hammer in her home, and then proceeded to steal her car, credit cards, and prescription medication.

There is no apparent motive for the slaying, but it was revealed that the victim did have prior history with one of the suspects who dated her granddaughter in the recent past and had even lived in the family’s home. Court records showed that the victim had filed a petition for a temporary restraining order against one of the suspects, accusing him of abusing and manipulating her mentally-disabled granddaughter into stealing for him. The petition was never finalized, however, when the victim and her granddaughter failed to show up at the court hearing.

For all criminal defense cases, especially those in which mental capacity comes into play, it is important to have on your side someone who is going to exhaust every aspect of the law to ensure that your constitutional rights were not violated and will be upheld. A skilled criminal defense attorney can be the difference between a conviction and your freedom. If you have been accused of a Marysville, WA violent crime, the experienced Seattle violent offense attorneys at McNeese & Trotsky are prepared to handle your case with the utmost discretion and professionalism. Call us today for a free consultation.

Federal Way Man Suspected of Stabbing Roommate

The Seattle Times recently reported in a story about a homicide involving two roommates in Federal Way, WA. A 24 year old man was found dead in his apartment with several puncture wounds on his body. Police responded to the Cascade Ridge Apartments on a suspicious circumstance call and observed areas with blood outside of the apartment building before finding the man’s body.

The violent offense in Washington is suspected to be perpetrated by the victim’s roommate, a man in his early 20s whose name has not yet been released. The young man attempted to flee the scene when police arrived. Police apprehended the young man, and then determined that he was the roommate of the deceased man. The young man was booked into King County Jail, and is being held on homicide and, unrelated, immigration charges until his first scheduled appearance in court.

Though police attempted to resuscitate the victim when they arrived on scene, they were unable to succeed. He was pronounced dead by paramedics shortly after their arrival. Police continue to look for clues surrounding this tragic death.

For all criminal defense cases, if you are being accused of a crime, especially one as serious as homicide, it is important to have on your side someone who is going to exhaust every aspect of the law to defend your rights and ensure your innocence. A skilled criminal defense attorney can be the difference between a conviction and your freedom. If you have been accused of a Federal Way violent crime, the skilled Seattle assault defense attorneys at McNeese & Trotsky are prepared to handle your case with the utmost discretion and professionalism. Call us today for a free consultation and we will help prove your innocence.