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Defending Your Case Against Malicious Mischief

Malicious Mischief

Malicious Mischief in Washington

Malicious Mischief, also known as vandalism, is a crime that involves intentionally damaging or destroying property belonging to another person in Washington. While it may be perceived as a relatively minor offense, Malicious Mischief can have serious consequences, for both the perpetrator and the victim. Due to Malicious Mischief being commonly associated with domestic violence cases in Washington, these charges can become quite complex. For defense firms, understanding the nuances of Malicious Mischief cases is crucial in providing effective legal counsel and ensuring justice is served. In this blog post, we will explore the legal definition of Malicious Mischief, the various types of Malicious Mischief, and the role of defense firms in protecting the rights of the accused of this offense. The Law Office of Erin Bradley McAleer has taken on a large number of these cases in Washington and is highly knowledgeable, experienced, and ready to defend your case.

What are the penalties of a Malicious Mischief conviction?

Malicious Mischief is the knowingly and malicious destruction of property as stated in the Revised Code of Washington. Ranging from a Gross Misdemeanor to Class B Felony, Malicious Mischief charges can amount up to be quite serious depending on a number of factors, the most common being the dollar amount of damage caused.

Malicious Mischief in the 1st Degree: Malicious Mischief in the First Degree is charged when one causes damage to real or personal property totalling more than $5,000.00. Tampering with public utilities, ballots, emergency vehicles, public transportation, and other properties of the state that results in the impairment or interruption of services is also considered Malicious Mischief in the First Degree. This charge is a Class B Felony and can carry up to 10 years in prison and up to a $20,000.00 fine.

Malicious Mischief in the 2nd Degree: Malicious Mischief in the Second Degree is classified as damage to real or personal property exceeding $750.00 but is less than $5,000.00 in total. Tampering with public utilities, ballots, emergency vehicles, public transportation, or other properties of the state also results in a Malicious Mischief charge in the Second Degree. This crime is considered a Class C Felony and punishable by up to 5 years in prison, and up to a $10,000.00 fine.

Malicious Mischief in the 3rd Degree: Malicious Mischief in the Third Degree is considered to be painting, marking, or writing on private or public buildings without the express consent of the owner. Graffiti for example, is one of the most common acts of Malicious in the Third Degree. Malicious Mischief in the Third Degree is classified as a Gross Misdemeanor, which can carry up to a 364 days in jail, and up to $5,000.00 in fines.

Malicious Mischief in domestic violence cases

In domestic violence cases it is not uncommon for there to be a Malicious Mischief charge somewhere in the mix. Having a fight with a family member or intimate partner and destroying property can easily result in a Malicious Mischief charge. If a dispute escalates into a physical altercation between spouses, the property damaged during the incident which may be jointly owned can still possibly result in potential Malicious Mischief charges for the person who destroyed the piece of property.

Is restitution possible?

A typical Malicious Mischief charge excluding the involvement of domestic violence, often has a form of restitution to pay back the person whose property was damaged. However, cases related to domestic violence charges do not allow for that kind of exchange due to the Compromise of Misdemeanors Law in the state of Washington. The involvement of domestic violence can make a Malicious Mischief charge even more serious and harder to navigate without legal counsel due to the aggressive nature of prosecution. Even if a victim has decided they would like to drop charges and or move the case along in a specific direction they will not be in charge of prosecuting the case and ultimately will not have a say in how the case is handled.

What can we do for you?

Hiring a lawyer will be the best decision you can make in order to protect your rights. The Law Office of Erin Bradley McAleer has a number of attorneys who are passionate about their clients, and will defend you in court to the fullest extent of the law. With the potential complexities of Malicious Mischief charges, it is imperative that you obtain representation in order to safeguard your future and freedom.

Call the Law Office of Erin Bradley McAleer today at (360) 334-6277 and schedule your free and confidential consultation.

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Assault in the Second Degree

Assault 2 charges in Washington

Assault 2 Charges in Washington


Assault is a serious charge in the State of Washington with serious repercussions, especially when it comes to Assault 2 charges in Washington. The severity can vary depending on the elements of the case, leading to detrimental consequences. If you have been charged with Assault 2, it is important to take the necessary steps and precautions to help safeguard your rights. Hiring an attorney is a quite substantial step in allowing you to have someone who is knowledgeable and experienced. The Law Office of Erin Bradley McAleer will not only work to be committed to defend your case to the fullest extent of the law but will also help to inform, educate, and change your perspective on Assault 2 by arming you with the necessary knowledge and tools for any questions or concerns you may have. Our attorneys are committed to giving you peace of mind when handling your case, especially considering the significant impact of Assault 2 charges in Washington.

What is Assault 2 in Washington?

Assault in the second degree revolves around the element  of “substantial bodily harm” according to the Revised Code of Washington (RCW) which can take form in three main forms. These forms are as follows:

Substantial injury: This is commonly seen as a broken nose, fractured bone, bruises, any temporary or permanent disfigurement. The injury also needs to be sustained after reckless and/or intentional contact in order for it to be charged as Assault 2. However, the specific intent of the contact is irrelevant. The RCW defines multiple other types of substantial bodily injuries such as torture and hitting or kicking a pregnant mother.

Strangulation or suffocation: One of the most common reasons for charging someone with Assault 2. Intentionally compressing the neck and stopping the breathing or blood flow to the brain can amount to strangulation. Any marks on the victim’s neck will be evidence of the strangulation, along with a medical diagnosis.

Deadly weapon or poison: The intention to cause bodily harm with a deadly weapon or poison also falls under the Assault 2 elements. A deadly weapon consists of any object that can inflict bodily harm including guns, metal rods, bats, knives, even motor vehicles. Poison is generally defined as a substance that is destructive or noxious.

What are the consequences of a conviction for assault 2 charges in Washington?

Assault 2 is considered a class B felony in the State of Washington. With a class B felony conviction comes up to 10 years in prison and a $20,000 fine. You could also be sentenced to mandatory community service, court-ordered treatment, and restitution payments to the victim. It may also affect your life permanently by diminishing your ability to get a job, purchase a house, and obtain certain professional licenses as well. 

3 Strikes Law

There are certain crimes that are considered “violent felonies” or “strike offenses” under the RCW, such rape, robbery, child molestation, manslaughter, murder, and serious assault. An Assault 2 charge is classified as a strikeable offense meaning if the charge is obtained, it would be one of three strikes on your record that could lead to life in prison. Obtaining three strikes in any combination of these strikeable offenses would lead to sentencing of life in prison due to something known as the “3 strikes law”. 

What we can do for you.

Hiring a lawyer is the best step you can take to protecting yourself and your freedom. While it may be a challenging and difficult situation to be in, the Law Office of Erin Bradley McAleer is here to help and assist you. The lawyers at our office are not only highly experienced but also  dedicated to serving and defending you in a court of law.

Contact the Law Office of Erin Bradley McAleer and schedule a free consultation to see how you can help you.

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Understanding Domestic Violence Charges

Domestic violence charges in Washington

Domestic violence charges can result in serious legal consequences, and knowing how to defend against them is very important as it is a very nuanced area of criminal law. Domestic violence can take the form of physical, emotional abuse, and sexual abuse. Facing domestic violence charges in Washington can have serious legal consequences. Navigating this complex area of criminal law requires a nuanced understanding of local regulations. Learn how to effectively defend against domestic violence accusations with insights from the experienced attorneys at the Law Office of Erin Bradley McAleer

What are Domestic violence charges in Washington?

Anything that causes physical, emotional, or sexual harm to an intimate partner or family, or household member can be regarded as domestic violence. An intimate partner can include a roommate, girlfriend, boyfriend, husband, wife, or basically anyone that you might be living or having an intimate relationship with. It can also include a former intimate partner as well, such as an ex-girlfriend or ex-spouse.

It can also be a pattern of behavior exhibited by a family member that is controlling, intimidating, or threatening. Some common examples include harassment, assault, malicious mischief, sexual assault, and stalking. Below are the definitions of some forms of convictions in which domestic violence is prevalent.

  • Harassment: threats or attempts to harm an individual.
  • Assault: when physical contact is made with intent to harm an individual.
  • Malicious mischief: Destruction of another individual’s property. This can include property that is shared between you and your spouse.
  • Sexual assault: engaging in non-consensual sexual contact with an individual.
  • Stalking: threatening comments being made, Following, or monitoring an individual’s activities.
  • Restraining order violations: violating a restraining or protection order can result in more counts against the defendant.

These charges and consequences can vary depending on the county or jurisdiction in which it occurred. They can also be affected by your criminal background, such as being a repeat offender. It is also crucial to acknowledge that while domestic violence is mostly attributed to men, it can involve both men and women in any sort of relationship.

Legal consequences of domestic violence

Cases involving domestic violence are typically taken very seriously by law enforcement, prosecutors, and judges. Being convicted of domestic violence offenses include fines, probation, and jail time. If the domestic violence charge can have a significant impact on other cases such as divorce, it might have even more consequences that will negatively impact you in these matters. These can include having to pay more spousal or child support, less time with children on the parenting plan, and even long-term restraining orders. Because of how seriously these cases are handled, it is important to hire attorneys that know this area of law well and can help defend your interests to the best of their ability. The Law Office of Erin Bradley McAleer is a great place to start with any accusations being made against you.

Defenses against domestic violence

Having a strong defense is incredibly important to your case, and the Law Office of Erin Bradley McAleer is very experienced in this area. Coming to us may be the best decision you can make for yourself as we get a number of these cases every year. Some of the most common defenses against domestic violence include:

  • Self-Defense or defense of others: Individuals accused of domestic violence may bring up that they acted in self defense. Our attorneys will guide and assist you as to what types of evidence are most helpful to establish this defense if applicable.
  • General denial: An individual may be falsely accused of domestic violence. Obtaining evidence testimony from others can have a huge impact on the outcome of your case.
  • Unintentional assault: It may even have been an accident. Throwing a ball into a bin and having it bounce off of someone and hit them causing injury is a great example of this. Evidence and testimony is also crucial in this defense.

As you can see, in each of these commonly used defenses, evidence and testimony are going to be crucial in the outcome of your case. Additionally, evidence can take many forms. Our experienced attorneys at the Law Office of Erin Bradley McAleer know what kind of evidence is best in each type of defense, and if need be they can also file subpoenas for evidence you may not normally be able to get ahold of.

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What Happens When You Are Accused of Date Rape?

Date Rape Charges in Washington

What is date rape?

Date rape is generally defined as having sexual intercourse with the person whom you went on a date, without given consent. Some of the more common elements that lead to allegations of date rape are the use of drugs or alcohol, and choices that the accused makes that forces the accuser into a position where allegations seem to be the only solution. If you are facing Date Rape Charges in Washington, understanding the legal nuances and seeking experienced legal representation is crucial.

What should I do if I am being accused of Date Rape Charges in Washington?

When you are first accused of a date rape, you may be contacted by authorities as part of their investigation. It is highly recommended that you DO NOT TALK TO THE POLICE. Know your rights, and understand that you have the right to remain silent, and anything you say can and WILL be used against you. Talking to the police gives them the right to take what you say, and spin it around in whatever way it suits them. If you do decide to talk to the police, make sure that you have an attorney present at all times, so that they may advise you on what to say, and to speak on your behalf if given permission. Our lawyers at the Law Office of Erin Bradley McAleer will not only help you with the authorities, but will also provide you with a plan to move forward with your case.

How does intoxication play a role in this?

Intoxication can play a large role in the state of mind a person may be in, aiding in the facts of a particular incident at hand. When a person voluntarily consumes drugs or alcohol that alters their mental or physical condition, this is referred to as voluntary intoxication. In contrast, involuntary intoxication happens when a person unintentionally consumes a substance that makes them impaired. Both voluntary and involuntary intoxication can play a large role in the aftermath of date rape.

Voluntary Intoxication

Voluntary intoxication might cause poor judgment, weakened boundaries, and a higher likelihood of participating in unsafe or harmful conduct when out on a date. Everyone must be conscious of their personal limitations and choose wisely while consuming alcohol or other drugs. A person has not necessarily given their permission when they are voluntarily intoxicated. It’s essential to understand that permission must be provided intentionally and with clarity of mind, and that if someone is very intoxicated to the point of having poor judgment or being incapacitated, they might not be able to offer consent that is legally binding. In fact, some legal systems hold that any sexual action that takes place when a person is too inebriated to agree is non-consensual and is thus regarded as sexual assault. This is because someone who is impaired may not be able to adequately articulate their boundaries or understand what they are consenting to. In other words an intoxicated “yes” or consent can leave you at risk for many legal implications in the future.

Involuntary Intoxication

In contrast, involuntary intoxication can occur when someone is drugged without their knowledge or permission. This is possible due to the usage of “date rape” drugs, which are frequently slipped into beverages without the person’s awareness. If a person believes they have been drugged, they should seek medical assistance right once and report the occurrence to the police. Involuntary intoxication can also impair one’s capacity to consent. If someone is drugged without their knowledge or agreement, they may become unconscious and unable to grasp what is going on or adequately articulate their boundaries. In such instances, any sexual activity would be regarded non-consensual and hence a kind of sexual assault. Individuals should emphasize their safety and well-being on a date, and take precautions to avoid being drugged, such as keeping an eye on their drink and refusing beverages from strangers.

What constitutes consent?

A person’s consent is their approval of another person or group to carry out a certain action or activity. In general, consent must fulfill the following characteristics in order to be considered valid:

  1. Voluntary: Consent must be given freely, without coercion, pressure, or threats of any kind. The person giving consent must have the ability to freely make the decision to agree or disagree.
  2. Informed: Consent must be given with a clear understanding of the nature, purpose, and potential consequences of the action or activity.
  3. Specific: Consent must be given for a particular action or activity, and it cannot be assumed to apply to other activities.
  4. Active: Consent must be given through an affirmative action or statement, such as saying “yes”. 
  5. Reversible: Consent can be withdrawn at any time, and the person who has given consent must be informed of this right.

It’s vital to understand that different sorts of consent are necessary in different contexts, such as sexual consent, medical consent, and agreement for research study participation. The conditions for valid permission may differ slightly based on the situation in each case.

What are the consequences of being accused of Date Rape Charges in Washington?

When it comes to not obtaining consent before sexual contact with another individual who is intoxicated,it is rape in the second degree according to the Revised Code of Washington. This is because in the Revised Code of Washington, rape in the second degree is forcible non-consentual sexual intercourse with an adult that is physically helpless, mentally incapacitated, or vulnerable or frail adults. This conviction can carry incredibly heavy consequences that can affect you for the rest of your life. As a class A felony, it can come with punishments such as up to life in prison, lifetime probation, lifetime sex offender registration, and up to $50,000 in fines.

What does Law say about Date Rape Charges in Washington?

Washington State’s Revised Code of Washington (RCW) includes several sections related to sexual assault, including date rape. Here are some relevant RCW sections related to date rape:

RCW 9A.44.040: This section defines the crime of rape in the third degree, which includes sexual intercourse without consent where the victim is mentally incapacitated. This can include cases of date rape where the victim is drugged or otherwise unable to consent.

RCW 9A.44.050: This section defines the crime of rape in the second degree, which includes sexual intercourse without consent, where the victim is compelled to submit by force or threat of force. This can include cases of date rape where the victim is coerced or threatened with sexual activity.

RCW 9A.44.060: This section defines the crime of rape in the first degree, which includes sexual intercourse without consent where the victim is compelled to submit by force or threat of force, and one or more aggravating factors are present. Aggravating factors can include the use of a deadly weapon, infliction of severe bodily injury, or commission of the offense during a kidnapping.

RCW 9A.44.076: This section defines the crime of sexual assault in the third degree, which includes non-consensual sexual contact where the victim is mentally incapacitated. This can include cases of date rape where the victim is touched sexually without their consent.

RCW 9A.44.079: This section defines the crime of sexual assault in the second degree, which includes non-consensual sexual contact where the victim is compelled to submit by force or threat of force. This can include cases of date rape where the victim is coerced or threatened with sexual activity.

RCW 9A.44.080: This section defines the crime of sexual assault in the first degree, which includes non-consensual sexual contact where the victim is compelled to submit by force or threat of force and one or more aggravating factors are present. Aggravating factors can include using a deadly weapon, infliction of severe bodily injury, or commissioning of the offense during a kidnapping.

RCW 9A.44.040: This provision defines rape in the third degree, which involves sexual intercourse without permission when the victim is unable to agree due to physical or mental incapacity. This includes situations of date rape where the victim is under the influence of drugs or otherwise unable to agree.

RCW 9A.44.050: This section defines rape in the second degree as sexual intercourse without consent in which the victim is coerced to comply by force or fear of force. This includes situations of date rape in which the victim is pressured or threatened into engaging in sexual activity.