Legal Question in Criminal Law in Washington

Mischievious Mischief - 3rd Degree

My husband went by his daughters and they pulled up in a car and tried to back up and her boyfriend who was in the car pulled a knife out and my husband kicked the car and put a small dent in it. He is now being charged with Mischievious Mischief. He went to the arraigment and pleaded not guilty. It doesn't seem like for $50 dollars worth of damage, that he should pay a fine of 250-1000 and 5 days of work or 90 days of jail when he was self defense. Wondering for any advice


Asked on 5/18/07, 2:00 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Mischievious Mischief - 3rd Degree

You are right, he should not get any penalty if he was defending himself. Self-defense is a very good defense and often successful. It is my favorite defense. Considering he might very likely win a trial there doesn't seem to be a reason to take those kind of penalties. However, how was kicking the car defending himself? Also, were there witnesses to the incident and what do they say? Your husband should have a public defender. What is their advice? Lastly, where did this happen?

Contact me directly to follow up.

At your service,

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Answered on 5/18/07, 4:03 pm


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