Domestic Violence & Civil Orders Nephew charged with 2nd degree assault domestic violence in sibling fight

[bob2016]

Jurisdiction

Washington

What is the name of your state (only U.S. law)? Washington State

My nephews (16 & 19 -- whom had just come back from a weekend with their mother [emotionally unstable, drug issues, etc]) they were in an emotional state and things became physical. No serious injuries, (the oldest bent his younger siblings thumb back and that was all and was no injury to it just sore). The younger brother called the police because he was mad and the older brother was arrested.

They are charging him with 2nd degree domestic violence assault and a no contact was immediately placed. The younger sibling (16 year old and victim in this case) is furious because this was just a fight between siblings and just thought the cops would yell at his brother for a few minutes.

Even in the police report, it is clear this was a fight between siblings that got out of hand.

The 19 year old has a very clean record and no history of violence, but is now facing a 2nd Degree Assault charge. Even the prosecuting attorney who briefly spoke to the grandmother my nephews have been living with said this is very clearly a fight among two siblings and nothing more.

Not only did they originally request a $10,000 bond (judge dropped it to $2500), but 2nd degree seems completely out of the question. This is having a terrible impact on the victim in this case who is battling depression and such from a neglectful mother (hence why he lives with his grandmother) and now feels like he cannot trust police and such to "do the right thing".

This just seems like it should be a 4th degree or lower... Court to decide if they will charge the 19 year old is coming up and I am looking for what to do in this case. We do not have the finances to afford a $5000 retainer for a lawyer.

 

[army judge]

Tell your nephew to plead not guilty, admit to nothing, say nothing about the case, and ask the court if he qualifies for a public defender.

He's an adult, so no other adult is required to hire him a lawyer.

The best thing he can do, is be in time, dress in business or funeral attire, be polite at all times to all people, and listen to court's rules before court starts. The rules will be given by the bailiff.

The victim can be required to appear, but can't be forced to say, "He beat me. He hurt me bad. He hit me with a hammer, too!"

Many DV victims appear and say, "I don't remember anything. I was drunk." Or, "We weren't fighting, we were playing around, you know, just wrestling."

Anyway, do nothing until he gets his public defender, except to stop discussing this.

Once he has his lawyer, listen to the lawyer's advice.

 

[ElleMD]

Sounds like little brother is learning the hard way that the police are not there for his amusement. You have an adult who caused injury to a child. The adult doesn't get a pass because they share DNA, or his mother is unstable, or it is really upsetting that he is now in trouble for what he did. Sure little brother was a jerk to call the police if it was really a sibling squabble, but call he did and the police are not there to play referee. That should have been whomever raises these boys. They got a report of child abuse and they acted on it. It is now up to the state whether they feel it is worth pursuing further, but they don't know these boys, they weren't there when it happened, they just know that Junior felt it necessary to reach out for police protection.