CRIMINAL DEFENSE

DON’T TAKE CHANCES WITH YOUR FREEDOM OR IMMIGRATION STATUS!

A criminal conviction has consequences for you and your family---loss of job, jail time, and embarrassment. Some people facing criminal charges face an additional punishment….possible immigration consequences for aliens or non-citizens of the United States. Our criminal law practice focuses mostly on cases that have immigration consequences. We focus and handle this variety of cases with the simple objective of eliminating or minimizing the immigration consequences to an alien who may otherwise face deportation or loss immigration status, if convicted of the charge. We are criminal and immigration lawyers. If you are not a United States citizen and have any criminal issues, it is best to consult us because criminal lawyers do not understand the immigration consequences and have to consult us or other immigration attorneys to properly advise an immigrant facing criminal charge. With us, you get a complete package in that we are knowledgeable and practice both immigration and criminal law. We represent people charged with crimes before Seattle Federal District Court, King County Superior Court, King County Districts and Municipal Courts, Pierce County Superior Court, Pierce County Districts and Municipal Courts, Snohomish Superior Court and Snohomish County Districts and Municipal Courts in Washington State. We also represent out-of-state defendants who face pending charges in Washington State. Any person facing a criminal charge should consult an attorney for specific answers to their unique case and should not construe information here as legal advice, as the information contained here only apply to typical cases in the specific areas addresses.

Criminal Law Attorney

What is a Crime.
Lay people when they do something often times wonder and worry, did I commit a crime? So, what is a crime? A crime is a specific act that is proscribed by a statute. For a crime to occur there must be a statutory commandment passed by a competent law-making authority that either prohibits or requires you to take or not to take such an action. Therefore, there is no court-made criminal law. Criminal offenses have elements that the state or prosecutor must prove with evidence beyond a reasonable doubt. Evidence beyond a reasonable doubt usually means evidence that is more than beyond “more likely than not” or a preponderance of the evidence. In any criminal case, the state bears the burden of proof, this means that it is the state’s legal duty to prove the case, and if the state does not have the evidence to support all the elements of the offense, the case will be dismissed. Criminal statutes always require the  State to prove that the defendant acted intentionally (mens rea), and took a substantial step towards committing the offense (actus rea). This is why a person cannot be guilty of a crime just for thinking about it, nor be guilty for merely physically doing something unintentionally, i.e., without mens rea.

What is the difference between a felony and a misdemeanor?
Under Washington law, a felony is a criminal offense which carries a sentence of over 1 year imprisonment and/or a penalty of over $5,000.  On the other hand, a misdemeanor is a criminal offense punishable by up to 1 year in jail and or fine of $1000 or less. Some misdemeanors have dire consequences for non-citizens of the United States. Although the penalty and sentence for felony convictions and misdemeanor are different, the actual sentence a defendant ultimately receives depends on a variety of factors such as the defendant’s criminal history, mandatory sentencing guideline, or other aggravating facts involved in the commission of the crime. We do not handle or accept some felony cases for a variety of reasons.

In which court will my case go?
Which court handles your criminal case depends on the nature of the crime, whether it is a felony or a misdemeanor. If you are facing a federal charge (this means the offense you are charged with is proscribed by federal law and the federal law enforcement authority such as the FBI takes charge of the investigation, you are more likely to be charged in Federal District Court. Washington State has two federal district courts, the United States District Court for Western District of Washington, located in Seattle and the United States District Court for Eastern District of Washington located in Spokane. We practice before the District Court for Western Washington.
All state felony cases in Washington are handled in the superior courts of the county where the crime occurred. Misdemeanor cases are filed in the district or municipal court having jurisdiction over town or locality where the alleged crime occurred. We represent clients before:
King County Superior Court, King County District Court and municipal courts of Seattle and throughout King County.

Pierce County Superior Court, Pierce County Superior Courts and Tacoma Municipal Court.
Snohomish County Superior Court, Snohomish District Court and Lynnwood Municipal Court. Our criminal practice emphasizes the following areas:

For additional information regarding our areas of practice, contact us at martin@actuslawgroup.com.