45+ Years
Of Combined Experience
Under Washington law, the definitions of harassment and stalking are specific. These charges are not about simple annoyances; Harassment can involve a single alleged threat made, or a pattern of conduct involving a pattern of conduct that causes legitimate fear or emotional distress.
According to RCW 9A.46.020, harassment involves knowingly threatening someone without lawful authority. This may include:
Stalking, defined under RCW 9A.46.110, involves a repeated pattern of intrusive or intimidating behavior. Stalking may include:
It is crucial to understand that stalking and harassment allegations can proceed on two separate legal tracks: criminal and civil. Each has distinct rules and serious consequences.
A prosecutor can file criminal charges for Stalking or Harassment, which can be classified as a gross misdemeanor or a felony, depending on the severity and prior history.
An accuser can also go to civil court to request a Stalking Protection Order or an Anti-Harassment Protection Order. Known as Civil Protection Orders, the burden of proof is lower than in a criminal case.
A civil protection order can potentially be used as evidence against you in a criminal case. Furthermore, violating the terms of a civil protection order is a separate criminal offense that can lead to your arrest and significantly worsen the outcome of your original case.
A conviction for stalking or harassment extends far beyond the courtroom. The penalties are designed to be punitive and can disrupt every aspect of your life. Understanding what is at stake underscores the need for a formidable defense.
Depending on whether the charge is a misdemeanor or felony, you could face anywhere from days in county jail to years in state prison.
Convictions come with substantial financial penalties and court costs.
A conviction creates a permanent criminal record that appears on background checks, impacting your reputation indefinitely.
The court will seek to issue a no-contact order, restricting you from seeing or communicating with the accuser for the pendency of the case and beyond, depending on how the case is resolved. We can seek to avoid these no-contact orders when possible, but the vast majority of the time they are issued. We can also seek modifications of the no-contact orders, allowing for limited contact/communication.
A conviction can prevent you from getting certain jobs, securing housing, and gaining professional licenses.
When you are facing allegations this serious, you need a proactive and strategic defense. Our approach is designed to intervene early, challenge the prosecution’s case at every turn, and protect your rights.
When you choose Will & Will, you benefit from the combined insight of a husband and wife legal team with extensive experience defending stalking and harassment cases. We work together on every case, examining the evidence from multiple perspectives and crafting a defense strategy tailored to the specific circumstances of your charges. Our collaborative approach means your case receives twice the legal expertise and strategic analysis.
Stalking and harassment allegations require careful, thorough representation. We intentionally limit our caseload to ensure every client receives the focused attention these charges demand. This commitment allows us to invest the time needed to investigate every detail, challenge the prosecution’s evidence, and build the strongest possible defense for your future and reputation.
With over 45 years of combined experience in criminal defense across California and Washington State, we have successfully defended clients facing all types of stalking and harassment allegations. We understand the serious impact these charges can have on your personal and professional life and fight aggressively for dismissals, charge reductions, and acquittals. Whether negotiating favorable pre-trial resolutions or defending you at trial, we bring the skill and determination needed to protect your rights and freedom.
Every case is unique, but a successful defense often centers on exposing weaknesses in the prosecution’s evidence, combined with strong defense investigation, mitigation packages, and motion practice. Our deep knowledge of Washington’s laws allows us to build powerful defenses, including:
We investigate the accuser’s claims and motives to support a defense that the allegations are fabricated, which often stems from a contentious breakup, divorce, or other dispute.
The prosecution must prove you acted with the specific intent to harass, intimidate, or cause fear. We can argue that your actions were misunderstood or did not constitute a “repeated” pattern of behavior as defined by law.
Tone and context are often lost in text messages and emails. We work to show that communications were not threatening and have been taken out of context.
If the accuser was a willing and active participant in the communication, it undermines the claim that the contact was unwanted. The same holds true in the instance where an accuser claims you threatened to kill them, but they nonetheless continued to engage in communication with you that shows they did not take the statement seriously; this, in turn, helps establish that they did not have a reasonable fear that you would actually carry the “threat” out.
The state has the burden of proving guilt beyond a reasonable doubt. We challenge the sufficiency and credibility of the evidence to show that this high standard has not been met.
Forensic evidence may be unreliable, contaminated, or may even prove your innocence.
We scrutinize law enforcement’s investigation for any violations of your rights, such as an illegal search of your phone or property or statements made in violation of your Miranda rights, sloppy/incomplete investigations, etc. – all of which could lead to evidence being suppressed and/or provide other avenues of defense.
Cyberstalking (RCW 9A.90.120) is a specific form of stalking that uses electronic communication to harass, intimidate, or threaten someone. While the methods are digital, the potential charges can be just as severe as physical stalking, often resulting in felony charges.
Do not respond. Even if they initiate contact, you are the one bound by the court order. Any response from you can be considered a violation. Save their message and notify your attorney immediately.
Yes. A conviction for either offense will result in a criminal record that is visible on employment, housing, and other background checks. This makes fighting the charge essential.
Your attorney can file a motion to terminate the order. However, this typically requires showing a significant change in circumstances or proving that the original order was granted based on false information. It is a complex process that requires skilled legal arguments.
An accusation is not the end of the story. With a strategic, aggressive defense, you can fight to clear your name and protect your future. Don’t wait for the prosecution to build its case. Contact us now for a free, confidential consultation to discuss your options and start building your defense. Schedule your confidential consultation today.
