The Law Office of Daniel K. Felker | Practice Areas

Overview | Criminal Charges | Knowing Your Rights | DUI | Legal Fees

Criminal Charges

Daniel K. Felker has been successfully defending Puget Sound area clients since 1990 against charges such as:

Driving Crimes

Reckless Driving: Reckless driving is a serious offense, and a conviction of this crime can result is suspension of your license for at least 30 days, often longer. Washington statutes define it as “willful or wanton disregard for the safety of persons of property.” [More...]

Negligent Driving: Negligent driving can be charged in the first or second degree. Second degree negligent driving is charged when the police have evidence that one operated a motor vehicle negligently and in a manner that does, or is likely to, endanger a person or property. [More...] If, in addition to the above criteria, your behavior exhibits effects of consuming alcohol or an illegal drug, you can be charged with negligent driving in the first degree. [More...]

Hit and Run: Washington law requires a driver who knows they have been involved in an accident with another vehicle to stop and provide his or her name, address, license, insurance company, and insurance policy number. If a driver leaves the scene without providing this information, hit and run charges can be filed. Hit and Run Attended means the other vehicle involved was occupied. If you are the driver of the car that damages other property, or an unoccupied vehicle, you can be charged with Hit and Run Unattended [More...]

Taking a Motor Vehicle (TMV): TMV is chargeable when one knowingly takes or drives someone else’s car without their permission. This crime can be charged in the first or second degree. If you merely take the car without permission, second degree charges are appropriate. One can be charged with this offense by merely riding in the car. [More...] If, in addition to taking the car, you alter the car, transport it out of the state, or take actions in preparation to sell the vehicle, you may be charged with TMV in the first degree. [More...]

Assault Charges

Assault is a crime of violence against another, defined by courts as intentional touching of another person that is either harmful or offensive, regardless of whether the victim suffers an injury. It can be charged as a misdemeanor or a felony, depending upon the circumstances and degree.

First Degree Assault: Assault in the first degree is chargeable if one intentionally assaults another with a firearm, other deadly weapon, or use force likely to cause death or severe injury. [More...]

Second Degree Assault: Second degree assault is distinguished from first degree assault by the intent to inflict substantial bodily harm (second degree) instead of great bodily harm (first degree). In addition to inflicting substantial bodily harm, examples of second degree assault include: causing substantial bodily harm to an unborn child by unlawfully assaulting the pregnant mother, assaulting another with a deadly weapon, causing someone to ingest a harmful or noxious substance, assaulting another while committing a separate felony, or knowingly inflicting pain as a form or torture. [More...]

Third Degree Assault: Assault in the third degree is chargeable if one assaults a police office while resisting arrest. These charges are also appropriate if you assault a firefighter, health-care provider, or transit bus driver. If the victim is an ordinary citizen, not acting in any official capacity, assault in the third degree is defined as causing substantial pain, or harming another with a non-deadly weapon. [More...]

Fourth Degree Assault: The least serious offense, assault in the fourth degree is chargeable if one intentionally contacts another in a way that is harmful or offensive. [More...]

Theft & Robbery Charges

Theft: Thief is unlawfully taking another’s property or services with the intent to deprive the true owner of those services or property. The degree of theft charged generally depends on the value of the property taken. If multiple items are taken as part of a common scheme or plan, the value of those items may be added together to determine the charge. First degree theft involves property valued at over $1500, or property physically taken from another without their being aware of the theft. [More...] Second degree theft is chargeable when the value of the property taken is between $250 and $1500, or if the property is a public record or an access device such as a credit card or a car key. [More...] If the value of the property is under $250, third degree, or misdemeanor theft is appropriate [More...]

Robbery: Robbery is unlawfully taking property from another by force, or the threat of immediate force. First degree robbery is chargeable if a deadly weapon, or what appears to be a deadly weapon, is used; bodily injury is inflicted on another; or the robbery is committed in or against a financial institution. [More...] If a deadly weapon is not used, and the act is not against a financial institution, it is second degree robbery. [More...]

Burglary & Trespassing

Burglary: Washington statutes define burglary as unlawfully entering or remaining in a building with the intent to commit a crime while inside. [More...] If an assault on another occurs during the burglary, or a deadly weapon is used, first degree burglary, a felony, is chargeable. [More...] In both first and second degree burglary, intent to commit a crime is inferred by the actor’s unlawful entry, so the defendant bears the burden of disproving criminal intent.

Trespassing: Criminal trespass occurs when a person unlawfully enters another’s property, but has no further criminal purpose. First and second degree trespass are distinguished by whether an actual building is entered (first degree), or if the trespasser is merely on the property illegally (second degree). [More...] and [More...]

Credit Card Fraud

Credit Card Fraud, or ‘Factoring,’ is the unlawful use of a scanning device to access, read, obtain, memorize, or store the information encoded on a credit or payment card. It also occurs when the information on the card is retained with the intent to defraud the authorized user, another person or business, or a financial institution. [More...]

Identity Theft

Identity theft is knowingly obtaining, possessing, or using a form of identification with the intent to commit, aid, or abet a crime. One does not commit identity theft if one does so for the sole purpose of misrepresenting one’s age. [More...]

Receipt & Trafficking in Stolen Property

Occurs when one takes, receives, conceals, or disposes of property they know is stolen. Likewise, it is chargeable if one continues to use the property or withhold it from its true owner. The degree of the charge is generally determined by the value of the stolen property. First degree possession of stolen property occurs when the value is $1500 or more, and the property is not a firearm. [More...] If the stolen property is worth less than $1500, and is not a firearm, it is second degree possession of stolen property. [More...]

Drug Charges

Commonly referred to as Violation of Uniform Controlled Substance Act (VUSCA), these charges are the result of unlawful manufacture, delivery, possession, or possession with the intent to manufacture or deliver a controlled substance. A controlled substance is a drug used in diagnosing, treating, preventing or curing illnesses, or a substance that affects the structure or function of the body. Depending upon the drug’s potential for abuse, addictive qualities, and accepted use in the medical field, drugs are classified into four schedules. Depending upon whether the substance is classified as schedule I, II, III, or IV, and the amount of the substance, charges for violating the Uniform Controlled Substance vary greatly. [More...]

Domestic Violence Charges

Domestic violence is any number of offenses committed by one family member against another family member. “Family member” is broadly defined as a spouse, former spouse, couples with a child in common regardless of marital status, adults living together, and anyone with a biological or legal parent-child relationship. Common domestic violence offenses include assault, criminal trespass, unlawful imprisonment, and violation of a restraining order. If a police officer responding to a domestic violence call does not exercise arrest powers, the victim is notified of his or her right to begin criminal proceedings. Alleged victims of domestic violence often petition the court for a protective order, which can prohibit the accused from contacting the alleged victim and require that the accused leave the household.

Weapons Charges

Unlawful Possession: It is illegal to own, possess, or control a firearm after being convicted, or found not guilty by reason of insanity, of a serious crime. Virtually all felony convictions include a prohibition against owning a firearm. Unlawful possession may also be charged if you are in possession or control of a firearm while on bond or personal recognizance pending trial, sentencing, or appeal of a serious offence. If you are in possession of control of more than one firearm, each item will result in a separate charge.

Minor in Possession: It is illegal for a minor to possess a firearm, except under specific exceptions. Unless the minor in possession is not attending a firearm-related safety course, target-shooting at a government-authorized target range; hunting under a valid hunting license; or on duty as a member of U.S. armed forces, National Guard, or Organized Reserves, second degree unlawful possession is chargeable. [More...]

Carrying a Concealed Weapon: You must have a license to carry a concealed weapon unless you are in your home or place of business. If you obtain a license, you must carry it with every time you carry a concealed weapon. [More...]

Alien’s License: Non-citizen residents of the United States are prohibited from carrying of possessing a firearm without obtaining an alien firearm license form the Director of Licensing. A license cannot be obtained with proof that the alien is a lawful resident. [More...]

Voyeurism Charges

Voyeurism is chargeable if someone knowingly views, photographs, or films another person without the victim’s knowledge or personal consent for the purpose of arousing or gratifying the sexual desire of any person. [More...]

Federal Criminal Charges

While the majority of federal criminal charges are similar in nature to state criminal charges, jurisdiction and interstate issues can greatly complicate matters. If you are facing federal charges, it is important to have an attorney experienced in Federal Court, as well as local state and county court systems.