Facing a domestic violence charge is a serious matter. Even when a person has no history of domestic violence, past unrelated offenses might still affect the outcome of the case. Washington courts look at more than just the current charge. They also consider the defendant’s overall criminal history when deciding on bail, sentencing and other factors.
What types of past offenses might be relevant?
A prior offense does not need to involve domestic violence to raise concerns. For example, a person with past convictions for theft, drug use or assault might face harsher consequences for a domestic violence conviction. Courts may acknowledge a pattern of risky or harmful behavior. This can influence a judge’s decision when setting bail or ordering pretrial conditions.
During sentencing, a judge often reviews the defendant’s full criminal record. A first-time domestic violence charge might lead to probation or mandatory counseling.
However, if the person has several prior convictions, even if unrelated, the court might choose a stricter sentence. Harsher penalties may include jail time, higher fines or longer probation periods. The court may also deny the possibility of deferred sentencing, which would allow a person to avoid a conviction by completing certain requirements.
How does the prosecution factor in prior offenses?
Prosecutors may use past crimes to argue that the defendant poses a threat to others. A criminal history can also affect how aggressively they pursue the case and what plea offers they make. The presence of prior convictions might make it more difficult to negotiate for reduced charges or lighter penalties.
It is also essential to understand that Washington state law allows prosecutors to seek enhanced penalties when the accused has a history of violence or repeated offenses. Even if the prior crimes do not involve the current victim, they may still be relevant in court.
Every case depends on specific facts, but the existence of any criminal history can influence how a domestic violence charge plays out. Because of this, it is vital to take every criminal charge seriously and defend yourself aggressively.
The general information provided in this post should never be considered legal advice.