In the United States, two types of laws are meant to punish an individual’s wrongdoing or compensate victims for their bad acts. The two types of laws are civil law and criminal law. Civil law is the umbrella term for all laws that address individuals’ behaviors, actions, or inactions that cause injury to another individual.
Penalties for any parties found liable for civil wrongdoings are generally monetary, but they may also include court-ordered remedies such as injunctions or restraining orders.
Criminal law is the set of laws that address behaviors considered to be an offense against society, the state, or the public. Criminal penalties generally include fines ranging from $100 to over $10,000, imprisonment, or a combination of both. Importantly, an accused person has the constitutional right to a trial, as well as certain other legal protections. Individuals have these constitutional rights regardless of whether they are charged with a serious or minor crime.
What Are Violent Crimes?
Violent crimes, also known as violent criminal offenses, generally involve the use of force or injury to another person’s body. As such, the seriousness of a violent crime is typically determined by the degree of physical harm caused to the victim and, in some cases, the victim’s characteristics.
For example, some states may impose considerably more severe penalties for crimes resulting in serious bodily harm or serious bodily injury, especially to more vulnerable parties. Additionally, the use of a weapon can increase the seriousness of the crime, especially if the weapon is classified under local state criminal laws as a deadly weapon.
It is important to note that some crimes can be categorized as violent crimes even if the victim was never injured. For example, many crimes involving the threat of injury to a person may qualify as violent crimes, such as assault crimes involving the use of a deadly weapon.
As noted above, the victim’s characteristics may also influence the seriousness of the charges against the offender. Examples of common victims that may result in more serious criminal charges being brought include, but may not be limited to a:
- Police officer;
- Woman;
- A person with disabilities;
- Child; and/or
- Elderly person.
What Is the Crime of Homicide?
In legal terms, the crime of homicide is generally defined as the killing of another human being. The Revised Code of Washington (“RCW”) defines homicide as “the killing of a human being by the act, procurement, or omission of another, death occurring at any time, and is either (1) murder, (2) homicide by abuse, (3) manslaughter, (4) excusable homicide, or (5) justifiable homicide.”
As can be seen, the RCW provides for five different forms of criminal homicide. As such, each different form of criminal homicide in Washington State will have different criminal elements that must be proven beyond a reasonable doubt for an individual to be charged with the crime of homicide. Additionally, each different form of homicide carries different legal penalties.
What Is Homicide by Abuse?
As noted above, in the state of Washington, homicide by abuse is a category of criminal homicide. Homicide by abuse is a narrow category of criminal homicide that is either age specific or based on the vulnerability of the harmed individual.
Specifically, an individual can be charged with the crime of homicide by abuse if, under the circumstances manifesting extreme indifference to human life, a person causes the death of:
- A child or person under sixteen years of age;
- A developmentally disabled person; or
- A dependent adult.
How Is Dependent Adult Defined In the Revised Code of Washington?
The exact criminal definition of the crime of homicide by abuse may be found in the Revised Code of Washington Section 9A.32.055. That section also defines a dependent adult as someone who, because of their physical or mental disability or advanced age, is dependent on another person to provide them with the necessities of life. Further, the statute (i.e., the written law) provides that the crime of homicide by abuse carries a class A felony charge.
Is Homicide by Abuse the Same as Murder in the State of Washington?
In short, no. In the State of Washington, a person is guilty of murder when:
- They act with a premeditated intent to cause the death of another person; and
- They cause the death of such a person or a third person; or
- They act under the circumstances manifesting extreme indifference to human life, engaging in conduct that creates a grave risk of death to any person and thereby causes the death of a person.
Thus, a murder charge is a criminal homicide but done with malice. In contrast, a homicide by abuse charge results from an individual showing extreme indifference to human life and abusing the victim. As such, malice is not required to charge a person with the crime of homicide by abuse.
What Are Examples of the Crime of Homicide by Abuse?
One of the most common examples of the crime of homicide by abuse is the death of a child that is caused by child abuse, such as the failure to provide for the basic life necessities of a child. Another common example is the abuse of the elderly, such as not adequately providing them with the food, water, or health care they need.
When determining whether or not to charge an individual with the crime of homicide by abuse for committing the homicide of a dependent or vulnerable person, a court may also look to see if the person had guardianship over them. Typically, evidence of an existing guardianship over a person will be enough to prove the element of abuse of a vulnerable party. Of course, the element may also be proven if the individual was a child under the age of 16.
What Does a Pattern of Abuse Mean Regarding Homicide by Abuse?
Although the Revised Code of Washington does not provide an explicit or clear-cut definition for a pattern of abuse, the Code does provide comments regarding what may constitute a pattern of abuse. Specifically, the Code states that a pattern of abuse constitutes a prolonged period of more than a few weeks.
Therefore, if an individual committed criminal homicide by a singular act that occurred on a singular day, they will likely not face charges for homicide by abuse. Instead, they would likely face another criminal homicide or a murder charge. Further, a pattern of abuse will typically be proven by demonstrating that the defendant accused of the crime engaged in a repeated pattern of torture or assault on a vulnerable person.
What Are the Criminal Penalties for the Crime of Homicide by Abuse?
As noted above, the crime of homicide by abuse is a class A felony in Washington. This means that the crime of homicide by abuse carries criminal penalties of criminal fines of up to $50,000, up to life in prison, or a combination of both if the defendant is convicted.
Do I Need a Lawyer for Help With Homicide by Abuse in Washington State?
If you have been accused of homicide by abuse in Washington, you should immediately contact an experienced Washington criminal lawyer. As can be seen, homicide by abuse in Washington State is a serious criminal charge with serious criminal penalties.
An experienced Washington criminal defense attorney can protect your legal rights and help you understand your legal options according to your Washington State’s specific criminal laws. Additionally, an experienced attorney will also be able to represent you in court, as needed, while determining whether any legal defenses are available to you based on the specifics of your case.
