Few criminal convictions can damage a reputation as much as a child abuse conviction can. Accusations of hurting a child, whether your own child or one entrusted to your care, can have life-long effects, so it is important to move quickly to defend yourself when accusations like that are made against you. What is Physical Child Abuse? In Washington, child abuse and child neglect are defined in RCW 26.44.020 as “[the] injury of a child by any person under circumstances which cause harm to the child’s health, welfare, or safety . . . or the negligent treatment or maltreatment of a child by a pe ..read more

Domestic violence prosecutions can be long and difficult.  Emotions often run high. When a prosecutor charges a crime as domestic violence, it’s a way of saying the complainant is one of the people closest to the defendant, one they are expected to protect and love. A defense to the accusation must be carefully planned and developed. Anyone who is charged is likely to want to know how a case proceeds– the steps from incident to trial, and any appeals that may follow.   Step 1: The Incident   Domestic violence in Washington is defined in RCW 10.99.020. There is no crime in Washi ..read more

Marshall Takes on Role of Trial Analyst David Marshall recently assumed the role of a trial analyst on KING 5 Television, providing commentary on the Manuel Ellis murder trial. In March 2020, Manuel Ellis, an African-American, tragically lost his life during a violent encounter with three Tacoma Police officers. All three officers are currently facing trial on charges of murder or manslaughter. This prosecution marks one of the most significant and high-profile cases involving Washington police officers in decades. View the Video on the following link. The post Marshall Serves as Trial Commen ..read more

For over two decades, The Marshall Defense Firm has specialized in representing those who have been accused of crimes of a particularly sensitive nature, including things like child physical abuse.  In Washington, adults can be found guilty of Assault of a Child if they physically harm a child who is thirteen years old or younger. The specific degree of the crime (i.e. first, second, or third) depends on what is alleged to have happened and takes into consideration things like the intent of the person being accused and the extent of the injury that occurred.  Regardless of whether y ..read more

Due process concerns lie at the very heart of the legal system. That’s why we’re devoting two posts to it. If you haven’t yet read the first one, we recommend starting with it.  Due process is guaranteed by both the Fifth Amendment of the U.S. Constitution and Article I, Section 3 of the Washington constitution. But what does “due process” mean?  It’s the constitutions’ way of saying that our legal system isn’t just about getting to the right answer; it’s also about following certain procedures—both because doing that shows respect for persons brought to court, and because courts ar ..read more

Due process concerns lie at the very heart of the legal system. The idea is that the legal system is supposed to follow certain procedures. A decision made arbitrarily might find facts accurately, and it might provide remedies that seem fair, but accuracy and fairness are much more likely if the system operates within procedures and every litigant has a right to those procedures. That’s due process. It’s guaranteed by both the Fifth Amendment of the U.S. Constitution and Article I, Section 3 of the Washington constitution.   But how much process is due? That’s the question, whether the c ..read more

Child sexual abuse allegations are among the most serious and frightening a person can face.  An allegation of a sex crime against a child comes with a great deal of stigma and the potential for serious penalties. Those convicted are often shunned by family and society, may face a long period of incarceration, and must endure onerous restrictions on their behavior if placed on community custody.     Whether you have been accused of child molestation, rape of a child (often referred to as “statutory rape”), having sexual contact with a student or young employee, or any othe ..read more

How are Sexual Assault Crimes Prosecuted in Washington? “Sexual assault” is not the name of any crime in Washington state. Instead, “sexual assault” is a category that includes many crimes. RCW 70.125.030(7) defines sexual assault as any of the following crimes: (a) Rape or rape of a child; (b) Assault with intent to commit rape or rape of a child; (c) Incest or indecent liberties; (d) Child molestation; (e) Sexual misconduct with a minor; (f) Custodial sexual misconduct; (g) Crimes with a sexual motivation; (h) Sexual exploitation or commercial sex abuse of a minor; (i) Promoting prostitutio ..read more

We are once again thrilled to announce that David Marshall has been selected as a Super Lawyer. The annual selections were recently published on July 31st. Distinguished from other attorney rating systems, Super Lawyers upholds the highest standards of rigor. As stated on the Super Lawyers website: “Peer nominations and evaluations are combined with independent research. Each candidate is assessed based on 12 indicators of peer recognition and professional achievement.” The goal is to establish a reliable, comprehensive, and diverse compilation of exceptional attorneys, offering a valuable res ..read more

Josh Saunders has negotiated a huge reduction in a client’s prison term. It was an extraordinary accomplishment, catching the attention of the news media. Josh noted this gives the client, who came to our firm after losing his trial and going to prison, a much brighter future. “Our work reduced his sentence by 18.5 years,” Josh said. “He will now be released from prison and still have plenty of years left to be the productive member of society that he wants to be.” The post Saunders Saves Client Two Decades in Prison appeared first on The Marshall Defense Firm ..read more