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Partovi Law Blog

Are there any restrictions once WA gun rights are restored?

Gun rights are important to many Spokane residents, whether their weapon is used for sporting, personal protection or as part of a collection. Certain legal situations, though, can spur the state to take away one's gun rights. These include being convicted of specific offenses or being committed via court order for mental health treatment. However, in certain instances, Washington State residents who have had their gun rights taken away by the state can have these rights restored.

Since a resident to whom this situation applies is likely to have many questions about the restoration of gun rights, it may be wise to seek legal advice from a weapons crimes attorney. Facing felony gun charges or other weapons charges can be intimidating, but defendants don't have to face these allegations alone.

Initiative 502: Marijuana's status in Washington

It is now fairly well known that Washington is one of the few states to have legalized both medical and recreational marijuana. However, this does not mean that there are zero restrictions on marijuana cultivation and use in the state. Marijuana in Washington is actually highly-regulated and those who buy, sell, grow or use the drug can benefit from familiarizing themselves with Washington's laws on the subject. Those unfamiliar with relatively new state laws may end up facing drug charges if they don't know about key restrictions.

Initiative 502 is the Washington State law that has dramatically changed the status of marijuana in the state. I-502 essentially legalized marijuana possession for adults age 21 and older. Still, there are many restrictions on cannabis in Washington despite the passing of I-502. For example, selling marijuana to a minor is a felony and businesses require a special license to sell marijuana. In addition, advertising is tightly controlled by the state and public use of marijuana is prohibited. Moreover, growing marijuana in one's home is forbidden unless one is a medical marijuana patient.

Fighting back against assault and battery charges

Random and unforeseen circumstances affect life in countless ways. From the unexpected auto accident that results in injury to the raffle win that culminates in a windfall, unanticipated events happen every day. Unfortunately, in some cases these events can prove tragic or result in criminal charges for the person or persons involved.

In the state of Washington, assault charges can result from a variety of circumstances; usually, the people involved never imagined they'd be pressing or facing assault or battery charges. For instance, a night out with friends can turn into a legal situation when alcohol is combined with conflict and a fight erupts. In the same type of scenario, someone coming to the aid of another, whether the person needing help is a friend or a complete stranger, might find themselves facing assault charges if their actions are misunderstood.

Domestic Violence in Washington

When is the use of deadly force justified? This questions has been in the news lately as incidents involving the police have galvanized public attention across the country. Recently, in Spokane, a shooting involving a passerby and two other individuals has raised this question locally. What started as an apparent domestic violence situation, now has the passerby facing criminal charges of murder.

The passerby is now in the Spokane County Jail. How did an altercation between two individuals result in murder charges for a third person? According to reports, the defendant walked outside near Altamont and Fifth when he claims he witnessed a man dragging and pushing a woman. The defendant asked the man to stop, and a confrontation between the two men followed. The other man purportedly hit the defendant in the head with a bat, and police later located the wooden bat.

Could those working in marijuana industry face arrest?

Marijuana has been in the news a lot recently, especially in states like Washington where the substance is legal for both medical and recreational use. Just because marijuana has been legalized to some extent, though, doesn't mean there isn't still plenty of confusion surrounding state and federal laws. Since marijuana is still illegal at the federal level, those who use marijuana for recreational or medicinal purposes are likely to have plenty of legal questions or concerns.

Per federal law, it is illegal not only to purchase marijuana, but also to grow it, sell it or even possess it. Thus, in states like neighboring Idaho, one can face an arrest or even federal drug charges for certain activities related to marijuana. However, in Washington State, state laws offer an affirmative defense to prosecution for medical marijuana patients. For example, a qualified patient may possess up to 24 ounces of marijuana classified as useable or up to 15 plants.

Domestic violence convictions' effect on gun rights in WA

Domestic violence is a serious crime, and charges can be brought against a Spokane resident at either the felony or misdemeanor level. If one is a victim of domestic violence, he or she can suffer both physically and emotionally. If one has been falsely accused of the crime, that individual can also face immense challenges including overzealous prosecution, biased juries and harsh legal penalties.

One of the penalties associated with being convicted of domestic violence charges is restrictions on one's ability to own a firearm. An amendment to the 1968 Federal Gun Control Act essentially bans individuals who have been convicted of even misdemeanor domestic violence crimes from owning a gun. If a man or woman who has been convicted of such an offense obtains a gun, he or she could face weapons charges and the associated penalties. The penalties become more severe if that same type of individual is accused of certain felony offenses involving the use of a gun, such as robbery, assault or murder.

Where do I turn after being charged with a drug crime?

Criminal charges are always a serious matter, but charges related to drug offenses can have particularly serious consequences. Criminal drug charges, however, don't have to become criminal drug convictions. A Spokane criminal defense attorney can be a critical ally in the fight against overzealous prosecution, questionable police conduct and faulty evidence-gathering.

What should someone do if they are charged with a drug crime in eastern Washington or Idaho? One of the key steps in fighting charges is securing a trusted defense attorney. Whether one is charged with drug possession, possession with intent to distribute or drug trafficking, the prosecution will generally have an easier time convicting if the defendant cannot successfully defend themselves. An experienced drug crimes attorney is extremely familiar with the prosecution's tactics as well as the defendant's rights under the law.

What is "stalking" under Washington law?

When a Spokane resident thinks of domestic violence, they likely picture a scenario wherein one person is physically harming another. The state of Washington, however, also includes the stalking of one family or household member by another in its definition of domestic violence. Those who face allegations of stalking a household or family member may eventually find themselves facing charges of domestic violence. In order to understand these charges, it's helpful to learn how the state defines stalking behavior.

Washington's lawmakers have defined stalking as the intentional and repeated harassment or following of another individual. This must be done without any lawful authority and under circumstances that do not amount to the felony attempt of a different crime. In addition, stalking involves either the stalker's intent to harass, intimidate or scare the other individual or the stalker's knowledge that the other person is frightened, harassed or intimidated - even if the stalker did not intend to produce such feelings.

Lawfully carrying a concealed pistol in Washington

Eastern Washington is home to numerous outdoors and sporting enthusiasts, as well as many local residents who want to protect themselves and their property. What these groups have in common is that many of them will apply for a Washington State concealed pistol license. Carrying a weapon must be done lawfully, or else the individual may face weapons charges.

Washington law specifies that, if approved, one's concealed pistol license will allow a person to carry a concealed pistol for certain purposes: personal protection, sport or use in business or travel. Those who wish to apply for a concealed pistol license may be interested in knowing whether they qualify. There are many restrictions on who can obtain a concealed pistol license in Washington; for example, residents who cannot possess a firearm per federal law are also unable to do so under Washington's concealed carry laws.

How does possession differ from intent to distribute?

In any criminal case, demonstrating intent is a challenge for the prosecution. Nevertheless, Washington State tends to zealously pursue drug charges against individuals for intent to distribute illegal substances. How does the crime of intent to distribute differ from simple drug possession?

Spokane residents who have been charged with a drug crime can learn more about their charges from an experienced criminal defense attorney. In general, drug possession is forbidden by both state and federal law. Possession typically means having drugs physically on a person, such as in their hands or in their pockets, but it can also mean having drugs within a person's control. This may mean drugs found in one's residence or automobile may fall under the purview of drug possession. Usually, a drug possession charge involves the requirement that the person charged with a crime knew the drugs were in that location, be it on themselves or in their control.