Criminal Defense

Spokane Criminal Defense Lawyer

For more information about a criminal charge, click on the headings below.

DUI Defense

If you are convicted of a driving under the influence (DUI or DWI) in Washington or Oregon, you face mandatory jail time and significant fines. For many people, the most significant penalty is the revocation of their driver's license. Loss of your ability to drive can mean loss of your job, particularly if you are a commercial driver. Even after your driving privileges are restored, you still face the possibility of expensive high-risk insurance rates and an ignition interlock on your car.

Vehicular Assault & Homicide

If you run a stop sign or traffic signal and injure someone in a car accident, you will likely only be charged with running the stop sign. However, if you have been drinking at the time of the accident you will likely face a felony vehicular assault charge. If the person you hit was killed, you could be facing felony vehicular homicide charges.

Drug Crimes

Drug possession penalties vary greatly, particularly in federal court. Possession of only five grams of crack cocaine carries a mandatory five-year prison sentence in federal court. Possession of 5 grams of powder cocaine has the same penalty. Drug charges will be enhanced if you are arrested within 1,000 feet of a school zone, school bus stop, or city park. Keep in mind that in Spokane, there are few areas that aren't within 1,000 feet of a school zone, school bus stop, or city park.

Marijuana

Washington state's medical marijuana law means that possession of up to a 60-day supply of marijuana is not a crime as long as you have a valid prescription. However, medical use of marijuana is not necessarily a bar to prosecution. The federal government does not recognize state medical marijuana laws. In addition, many people who believe they are growing marijuana legally are arrested because they do not meet the stringent requirements of Washington's medical marijuana law.

Assault

Assault charges are very serious in Washington state. In addition to significant jail time, an assault conviction can adversely affect your ability to find work, your cost for insurance and home mortgages or even your civil rights.

Domestic Violence

If you have been charged with domestic violence in Washington, you may face greater penalties from an accompanying restraining or no-contact order than from the assault charge itself. Many domestic violence charges end up being dismissed, but defendants are often charged with separate crimes for violating the terms of restraining or no-contact orders.

Sex Crimes

Few events are more devastating personally and professionally than being accused of a sex crime such as rape or child molestation. Even if you are not convicted, you still face the potential embarrassment of the entire community knowing about the charge. If you are found guilty, you face a long prison sentence, plus the stigma of being classified and registered as a sex offender for the rest of your life.

Internet Sex Crimes

In 2003, Congress passed the PROTECT Act, which provided very strict penalties for child pornography convictions. Possession of child pornography can result in a mandatory five-year prison sentence. You can face a mandatory 10-year prison sentence for trading or posting pictures. If you take a picture of a minor without his or her clothes on, you could be charged with creation or manufacturing of child pornography, which carries a 15-year prison sentence.

Theft, Shoplifting & Robbery

Theft and shoplifting are often thought of as minor crimes. However, any criminal conviction can result in a lifelong criminal record. If you are charged with theft of property valued at more than $250, you could end up a convicted felon. A robbery charge is any theft committed with the use of force, which is automatically a felony and a strike offense in Washington state. If you are convicted of three strike offenses, you face mandatory life in prison.

White-Collar Crimes

Many business or professional people can be charged with white-collar crimes for activities they didn't even know were illegal. One example is equity skimming, also known as foreclosure rescue and foreclosure reconveyance.

Identity Theft

A commonly charged white-collar crime in Washington and Oregon is identity theft. The majority of people charged with identity theft are dealing with drug and alcohol addiction.

Federal Crimes

There are many types of charges that can be prosecuted in either state or federal court. Law enforcement agents often prefer to file charges in federal court whenever possible because the federal rules of evidence are less stringent than the rules in Washington state, allowing easier prosecution. Federal sentencing guidelines also provide increased penalties for drug crimes, child pornography, and other charges.

Contact us for your free consultation: if you have been charged with a crime in Washington or Oregon, don't talk to police or anyone else until you have talked with me, Spokane criminal defense attorney Christian Phelps.