Criminal Law

We have experience with every category of felony and misdemeanor charges in the State of Washington. Felony charges are litigated in Superior Court while misdemeanor charges are primarily litigated in District or Municipal Court. Although we primarily practice in Cowlitz County, our firm has experience defending charges in Wahkiakum County, Clark County, and Lewis County.

Felony Charges

In Washington, felony charges are divided into three classifications.

  • Class A Felonies have a maximum penalty of life imprisonment and a $50,000 fine.
  • Class B Felonies have a maximum penalty of ten years in prison and a $20,000 fine.
  • Class C Felonies have a maximum penalty of five years in prison, and a $10,000 fine.

Misdemeanor Charges

In Washington, misdemeanor charges are divided into two categories.

  • Gross Misdemeanors have a maximum penalty of 364 days in custody, a $5,000 fine, and court costs.
  • Simple Misdemeanors have a maximum penalty of 90 days in custody, a $1,000 fine, and court costs.

Domestic Violence Designation

Many people incorrectly believe that “domestic violence” is the title to a crime. Rather, “domestic violence” (DV) is a designation that can be added to any felony or misdemeanor crime where the alleged victim is a person who fits the legal definition of a family or household member. However, the DV designation is most often associated with Assault 4th Degree.

A family or household member include persons related by blood, marriage, intimate partner, adoption or persons who currently or formerly resided together.

When individuals are charged with a crime involving an allegation of DV, there can be additional penalties and consequences to the defendant. These consequences primarily include a loss of a person’s constitutional right to bear arms.

Self-Defense

Self-defense can be used as a legal justification for using force to protect oneself, others, or property from imminent harm. Self-defense claims are primarily used to defend alleged assault charges.

If a judge or jury finds that a defendant was acting in self-defense, in the defense of others, or the defense of their property, the defendant is entitled to reimbursement from the State of Washington for all expenses and costs incurred in the defense of that charge. This may include attorney’s fees, lost wages, and any other cost incurred as a result of the need to defend against such a charge.

Our experience includes, but is not limited to the following types of charges

Theft

Theft, generally, is when a person is alleged to have wrongfully obtained or exerted unauthorized control over the property of another, with the intent to deprive the true owner of the property. Depending on the circumstance, theft charges can range from a Gross Misdemeanor, Class C Felony, or a Class B Felony.

These charges can be as simple as an allegation of shoplifting or as complicated as an allegation that an employee stole money from a business over a period of time.

Assault

Assault, generally, is an intentional act that is harmful or offensive to another person or an act that causes the fear of harm or offense. Depending on the circumstance, assault charges can range from a Gross Misdemeanor, Class C Felony, Class B Felony, or even a Class A Felony.

These charges can be as simple as spitting or pushing another or as complicated as shooting another person.

Drug / Illegal Substances

Depending on the circumstance, drug charges can range from a single day in jail or as much as twenty years in prison. These charges can be as simple as misdemeanor possession of drug paraphernalia or as complicated as large amounts of heroin to deliver.

Click here to learn more about drug offenses.

Driving Under the Influence (DUI)

The legal limit of alcohol concentration in a person’s blood is 0.08, and the legal limit of THC concentration in a person’s blood is 5.00. Depending on the circumstance, a DUI charge can range from a Gross Misdemeanor up to a Class B Felony.

Click here to learn more about DUI offenses.

Sex Offenses

If convicted of a sexual offense, a person can be subject to possible life imprisonment, a lifetime registration as a sex offender, and lifetime probation by the Washington State Department of Corrections.

Defending against allegations of a sexual crime is critically important due to both the stigma these offenses can place on a person and the severe punishment that can result if convicted.

If you are alleged to have committed a sexual offense, it is important to have a guide and advocate who can explain your defense to a jury. Morgan Law has the experience needed to help you defend these claims and explain the possible ramifications of the offense to you.

Homicide (Murder and Manslaughter)

First-Degree Murder involves an intentional killing with planning, which means the person had the intent to kill and thought about it beforehand. Any person convicted of this crime shall be sentenced to life imprisonment.

Second-Degree Murder involves an intentional killing, but without planning. This is a Class A Felony, the maximum incarceration for this crime is life imprisonment.

First-Degree Manslaughter involves causing the death of another in a reckless manner. This is a Class A Felony, the maximum incarceration for this crime is life imprisonment. Second-Degree Manslaughter is when a person causes the death of another with criminal negligence. This is a Class B Felony, the maximum incarceration for this crime is 10 years imprisonment.