Domestic Violence Lawyer
If you are charged with a crime of domestic violence, you want an experienced and skilled criminal defense attorney who will proactively and aggressively assert your legal rights, leverage negotiations by all available means, and present the most compelling defense possible if the case has to be tried to a judge or a jury. Our law firm has successfully defended hundreds of domestic violence charges ranging from malicious mischief to first-degree murder in the courts of Vancouver, Clark County, and throughout Southwest Washington. There is no substitute for experience, but our law firm has also been “Av” rated by Martindale-Hubbell for over twenty years due to the excellence of the service we have always provided our clientele. In addition, Steve Thayer has also been recognized as a Super Lawyer as a result of polling done by Washington Law and Politics Magazine for many, many years. This combination of experience, dedication, and talent has resulted in a variety of dismissals, reductions in charges, and acquittals for clients from all walks of life, including many law enforcement officers over the years.
Defending Domestic Violence Cases
Most domestic violence cases are defensible. For example, the accused is often legally acting in self-defense. Many other cases involve false or exaggerated accusations, and a majority of cases prove to be over-charged due to insufficient evidence.
Self-defense is the best defense in criminal law. You can’t commit a criminal assault unless you have criminal intent. If you are defending yourself, your intent is self-protection, and no crime occurs. The same is true if you are acting reasonably to defend someone else, like your children.
False accusations are also quite common in these cases. The parties are always upset and emotional, and these accusations are often a form of revenge. A skilled criminal defense lawyer can expose a lie in a variety of ways by pointing out inconsistent statements, behavior inconsistent with the accusation, and contradictory physical or forensic evidence. Recantations are also common, and in fact, occur in approximately 75% of all DV cases.
The necessity defense also comes into play in some cases. For example, we have defended fathers, husbands, and boyfriends who have attempted to restrain their daughters, wives, and/or girlfriends who were too intoxicated to drive, resented being restrained for their own protection and called 911. In those instances, there is no criminal intent, and the restraint was reasonably necessary.
Mitigation in Domestic Violence Cases
The vast majority of domestic assaults are isolated events and a result of alcohol abuse. Very few cases are a result of a pattern of domestic violence. If we could take alcohol out of the human equation, most domestic confrontations would be resolved without resorting to assaulting behavior.
The vast majority of domestic assault cases are also favorably settled by a reduction of charge or diversion. Mitigating circumstances may include alcohol rehabilitation, domestic violence counseling, and/or the usual regret expressed by the alleged victim.
Domestic Violence Trials
A trial is always the last resort in criminal litigation. The risk analysis will usually dictate whether the case must be tried. For example, if there is very little risk, then there is really no reason not to try the case other than the extra expense involved. On the other hand, when there is great risk, usually extensive incarceration, or career-threatening consequences, then a settlement of the case is often preferable. The lawyer’s job is to prepare for trial while at the same time developing the best plea-bargain option for the client. It is the client’s decision whether to accept the plea bargain or go to trial.
A lot of lawyers take criminal cases, but there are very few skilled trial lawyers. Consistent success in trying cases requires experience, talent, communication skills, creativity, and commitment to victory. The combination of those qualities is exceedingly rare.
Steve and Jacy Thayer have tried and won a variety of domestic assault cases over the years. Mr. Thayer is also known for a landmark case on self-defense decided by the Washington State Supreme Court. In State v Acosta, 101 Wn. 2d 612 (1984), the court held that due process requires that the state must bear the burden of proof when self-defense has been raised by the accused. Since this change in the law, Mr. Thayer has often been called upon to lecture and teach other lawyers how to try self-defense cases.
Steve and Jacy recently tried a highly publicized second degree murder case in Vancouver. Their client shot her husband in self-defense. After a two week trial, the court found her not guilty.
If you have been falsely accused, acted in self-defense, or have been overcharged and need a criminal defense lawyer to defend your case, then we are here for you. We care about your rights, your freedom, and your reputation as much as we care about our own.