Malicious Mischief 3 Lawyer

Vancouver Domestic Violence Attorney

Few people realize that breaking a cell phone or damaging a door or wall in your own home can be a domestic violence crime. By the time people figure out that it is a crime, they are most likely arrested, charged with a domestic violence crime and have a no-contact order issued against them. Malicious Mischief 3 DV is a common domestic violence charge and requires the prosecution to prove that you knowingly and maliciously cause damage to the property of another person.

Some Elements of Malicious Mischief

Knowingly: means that what you did was not an accident and that you were aware of your actions at the time. It is not necessary that you are aware that it was illegal.
Maliciously: means an act with evil intent, wish, or design to vex, annoy, or injure another person. RCW 9A.04.110(12)
Property of another person: means property that may even be partially owned by another person. Issues of ownership of property are difficult and require a careful look at all the facts in a particular case. For instance, if you purchased a cell phone for your boyfriend/girlfriend and you pay all the bills, but it is their phone to use, they partially own that phone.

As with all charges, it is the prosecutor’s burden to prove all elements beyond a reasonable doubt. Each case is different and each case requires careful analysis by an experienced domestic violence attorney. Call our office today to schedule an appointment for a free and confidential case evaluation.

Results

How We Achieved Dismissal in a Complex Assault 4 Domestic Violence Case

Introduction Navigating a domestic violence charge can be daunting, especially when the accusations are unfounded. Our recent victory in an Assault 4 Domestic Violence case showcases the importance of a robust defense strategy and thorough investigation. Here’s how we turned a challenging situation into a successful dismissal. The Case Our ... Read more

Assault 3 Domestic Violence – Felony – Dismissed

Client was charged with felony assault domestic violence when his truck ran over his girlfriend’s leg during an argument in a parking lot. The girlfriend was badly injured and had to be taken to the hospital. The girlfriend wanted charges filed and was cooperating with police and the prosecutors. After ... Read more

Feb 29, 2024

by GC on Kris Carrasco Attorney at Law

Out of State Restraining Order

I was in a horrible situation where the mother of my son had me arrested on false claims so she could kidnap our son and move to Washington from California. She filed a restraining order when she got to Washington, listing our son as a protected party and claimed I had been abusive to her and him, writing a statement filled with lies and stories going back many years. She went so far as to have her family members, whom had never left Washington submit statements as well. The whole thing was disturbing and as a result I wasn't able to see my son for months. Kris didn't get dragged into arguing the meritless claims she made but instead focused on the actual law. Washington did not have jurisdiction over me and as a result a restraining order was not legal. A temp judge granted the restraining order and Kris made the judge explain on the stand multiple times how Washington had jurisdiction. She could not. He filed a motion for reconsideration shortly after outlining case law and making it clear that the temp judge had made a mistake. A commissioner reviewed and granted the motion for reconsideration. As a result, I was able to be reunited with my son, 102 days later. Kris is an amazing lawyer and I can't thank him enough for what he did for me and my son. Don't hesitate to hire him.