Washington Homicide by Abuse Law

Understanding Washington’s homicide by abuse laws is crucial for anyone seeking information about criminal charges in the state. Homicide by abuse is a serious felony defined under RCW 9A.32.055, and involves the death of a person who is considered a vulnerable victim, like a child, dependent adult, or developmentally disabled person, through patterns of assault or torture. If you or someone you know is facing charges under the state of Washington homicide by abuse laws, it is essential to learn about the elements of the offense, potential defenses, sentencing guidelines, and how Washington law treats homicide by abuse compared to other forms of homicide, such as first-degree murder or manslaughter.

In this article, we explain the key aspects of the death of another person by abuse in Washington, including legal definitions, examples, and what to expect if you are accused of this crime.

Defining Homicide by Abuse in Washington

The Washington code for homicide by abuse has a very narrow focus. To be charged with homicide by abuse in Washington, a person must show an extreme indifference to human life and have engaged in a practice or pattern of assault or torture. Awareness of the depravity of their offense is required. The offender needs to be aware that what they’re doing is wrong.

The victim must be one of the following:

• A child under 16 years of age
• A developmentally disabled adult
• A dependent adult

Under Washington law, a dependent adult is someone who relies on others for the basic necessities of life because of extreme advanced age, physical disabilities, or mental disabilities. Unlike a domestic violence crime, the abuser and the victim in a homicide by abuse don’t need to share a personal relationship.

If both the victim classification and the type of offense(s) committed by the abuser match the definition, the perpetrator is guilty of homicide by abuse. Offenses can include child abuse, forced use of controlled substances, criminal negligence through neglect or denying them health care, and unlawful imprisonment.

Prosecuting a Homicide by Abuse Charge in Washington

As one might expect, Washington has no tolerance for crimes like homicide by abuse. For a better understanding of what the offense entails and what needs to be proven for a conviction, the state’s jury instructions for homicide by abuse offer a clear guide. The questions related to the act they must address are:

• On the date of the crime, did the defendant show an extreme indifference to human life?
• Did the victim die because of the defendant’s acts?
• Was the victim either a child under 16, a dependent adult, or a developmentally disabled adult?
• Did the defendant engage in a previous pattern or practice of torture or assault?
• Did any of the acts occur in the state of Washington?

If the jury agrees that all of the elements have been proven true, it can enter a guilty verdict. If there’s reasonable doubt about any aspect involved, the defendant can’t receive a guilty verdict for homicide by abuse.

Penalties for Homicide by Abuse in Washington

Homicide by abuse is a very serious offense in Washington. Penalties are severe and some of the heaviest permitted in the state. A conviction for homicide by abuse is a Class A felony. This is the same class used for first-degree murder and rape. Torture by itself is a Class B felony, but when part of homicide by abuse, the penalty is the highest the state imposes.

A Class A felony conviction carries up to life imprisonment and a fine of up to $50,000. Those convicted can face a wrongful death suit as well. There’s no statute of limitations for homicide by abuse in Washington. This means that it’s never too late to file charges on a potential killer. If new evidence surfaces 20 years after the crime was committed, the offender can still face prosecution.

Washington Homicide by Abuse Law: Summary

There are few crimes as awful and heartbreaking as homicide by abuse. We hope you’ll never need the information from this article. If you do, we’ve provided a recap in the table below. There’s also a section underneath with links to grief management organizations and other helpful articles.

Note: Washington state laws change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult a Washington family law attorney or conduct independent legal research to verify Washington laws.

Washington Homicide by Abuse Law: Grief Counseling and Other Helpful Sources

• Grief Support Groups in Washington – Psychology Today
• Bereavement Support Services (.pdf) – U of Washington Medicine
• The Compassionate Friends – After a Child Dies
• Western and Eastern Washington Bereavement Support Groups
• Emotional Crisis Services – Crisis Connections (866-427-4747)

Washington Homicide by Abuse Law: Speak With an Attorney

Possessing the premeditated intent to kill a human being is unthinkable for most people. If you believe you might find justice for the loss of a loved one through a wrongful death case, talk to a Washington personal injury attorney.

If you’re facing criminal charges in a homicide by abuse case in Washington, getting a skilled criminal defense attorney is a necessity. Their law office will determine if justifiable homicide was involved and if your homicide charges stand up to scrutiny. They’ll propose a homicide defense and represent you all the way up to the state supreme court.