CRIMINAL DEFENSE
When facing criminal charges in Washington, D.C., having an attorney with unmatched expertise and a deep understanding of the legal system is critical. EPW Law PLLC has built its reputation on providing premier criminal defense services, led by a seasoned attorney with years of experience navigating the complexities of the D.C. criminal justice system. With a track record of securing favorable outcomes for clients and a mastery of courtroom strategy, EPW Law is uniquely positioned to protect your rights and advocate fiercely on your behalf. Whether negotiating a resolution or mounting a vigorous defense at trial, EPW Law approaches every case with precision, tenacity, and an unwavering commitment to justice.
Driving Offenses
Driving Under the Influence
The majority of drinking and driving cases in the District of Columbia are charged as Driving Under the Influence ("DUI"). There are two elements to this offense. First, the prosecution must prove that the defendant was “operating” or “in physical control” of the vehicle. The defendant does not have to be actually driving the car. Sitting at the wheel with keys in the ignition, for example, could be enough for the court to infer operation or physical control. Second, the prosecution must prove that the defendant’s ability to operate or control the vehicle was impaired as a result of drug or alcohol intoxication. D.C. Code § 50-2206.11. Specifically, a person is “impaired” when his/her “ability to operate or be in physical control of a vehicle is affected, due to consumption of alcohol or drug or a combination thereof, in a way that can be perceived or noticed.” D.C. Code § 50-2206.01(8). In Taylor v. District of Columbia, 49 A.3d 1259, 1267 (D.C. 2012), a major case defining the offense in the District, the D.C. Court of Appeals defined “under the influence” as “that level of impairment at which a person is appreciably less able, either mentally or physically or both, to exercise the clear judgment and steady hand” necessary to drive a car safely.
Driving While Impaired
The government must prove that the defendant was “operating” or in “physical control” of the vehicle. However, the government does not need to prove that the defendant’s driving ability was impaired in any way. A breath test demonstrating that the defendant’s blood alcohol content was 0.08% of greater would be sufficient to secure a conviction. This is why this particular offense in the District is known as a per se offense.
Reckless Driving
Reckless driving in D.C. is treated not as a traffic infraction, but as a criminal offense (the same goes for driving under the influence, driving on a suspended license, or leaving after colliding). This means that a person who is convicted of this offense is subject to a fine and/or jail-time. The D.C. Department of Motor Vehicles will assess 6 demerit points against the person’s license and revoke operating privileges for at least 6 months. Finally, the conviction will appear on the person’s criminal record, thereby causing potential personal and professional embarrassment. Elements of the Offense In order to secure a conviction for reckless driving, the government must prove beyond a reasonable doubt that the defendant drove any vehicle on a highway either (1) “carelessly and heedlessly in willful or wanton disregard of the rights and safety of others” or (2) “without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property.” It is considered “aggravated reckless driving” if, in addition to these two elements, the person also (1) drives more than 30 miles per hour over the speed limit, (2) causes bodily harm or permanent disability or disfigurement to another, or (3) causes property damage in excess of $1,000. Penalties The penalty for a first-time conviction of reckless driving is imprisonment for up to 3 months and a maximum fine of $500. A person who is convicted of reckless driving twice within a two-year period can be fined up to $1,000 and imprisoned for up to one year. Third time offenders within a two-year period can receive a maximum fine of $3,000 and a sentence of up to one-year imprisonment. In addition to the criminal penalties described above, a person convicted of reckless driving will have his/her driver’s license revoked a period of at least 6 months. The penalty for a first-time conviction for “aggravated reckless driving” is a $2,500 and imprisonment of up to one year. D.C. Code § 50-2201.04.
Drug Offenses
Possession with Intent to Distribute
In Washington, D.C. it is illegal to manufacture or distribute any controlled substance, or possess any controlled substance with the intent to manufacture or distribute it. A PWID charge essentially assumes that an individual was selling drugs or intended to do so. This can be inferred through the quantity of the drugs and/or other factors such as paraphernalia (e.g., baggies) used in the sale of drugs. Penalty: Depending on the schedule of the controlled substance, and whether the drug is a narcotic or abusive drug, an individual with a PWID conviction can face up to 30 years incarceration, a fine, or both. If however, a person is facing his or her first PWID charge, and the substance is ½ pound of marijuana or less, the person can face up to 180 days in jail, a $1,000 fine, or both.
Possession of a Controlled Substance
Pursuant to D.C. Code section 48-904.01, it is illegal to possess a controlled substance in the District of Columbia unless the substance is obtained pursuant to a valid prescription from an authorized professional. Penalty: A possession charge can carry up to 180 days in jail, a $1,000 fine, or both.
Possession of Drug Paraphernalia
In Washington, D.C., it is unlawful to possess drug paraphernalia unless it is being used by an authorized professional in the scope of his or her duties. This includes any hypodermic needle, syringe, or other instrument containing any trace of a controlled substance on it, if it is being used for the purpose of administering a controlled substance to a person. Penalty: The penalty for possession of drug paraphernalia is up to 180 days in jail, a $1,000 fine, or both.
Possession of Marijuana
In Washington, D.C., individuals 21 years of age and older can possess, use, purchase, or transport up to 2 ounces or less of marijuana. People 21 years of age and older can also transfer up to 1 ounce or less of marijuana to another person who is 21 years of age and older so long as they are not receiving payment for the marijuana. In addition, it is legal for an individual 21 years of age and older to grow within his or her residence up to 6 cannabis plants with up to 3 of them being mature flowering plants. However, within any given house or residence with multiple occupants, there cannot be more than 12 cannabis plants, with 6 of them being mature watering plants. NOTE: In the District of Columbia it remains illegal to sell marijuana or marijuana plants. It is still possible to receive a criminal charge for possession of marijuana or possession with intent to distribute marijuana if a person possesses quantities of marijuana outside of the permissible limits.
Assault Crimes
Simple Assault
In Washington, D.C. a simple assault occurs when a person attempts to use force or violence to injure another person, has the ability to injure the person, and has the intent to commit the act. An assault can be as little as a simple unwanted touching of someone else. A person can also be assaulted without experiencing any physical contact, because under the law a threat to another individual is also considered an assault. Assault charges are also very common in domestic violence cases between couples, family members, and even roommates. In D.C., a simple assault charge is a misdemeanor offense that carries up to 180 days in jail, a fine of $1,000, or both.
Assault on a Police Officer
The D.C. Code defines assaulting a police officer ("APO") as follows: “Whoever without justifiable and excusable cause assaults a law enforcement officer on account of, or while that law enforcement officer is engaged in the performance of his or her official duties shall be guilty of a misdemeanor.” A “law enforcement officer” is any police officer or member of a police force who is authorized to act in the District of Columbia. This includes reserve officers, civilian Metropolitan Police Department officers, special officers, members of the fire department, correctional officers, investigators and code inspectors employed by the D.C. government, and employees of the following agencies: the Department of Youth Rehabilitation Services, the Court Services and Offender Supervision Agency, the Social Services Division of the Superior Court, and Pretrial Services Agency employees who’s duties include intake, assessment, or community supervision. At the misdemeanor level, an APO charge is punishable by up to 6 months in jail, and/or a $1000 fine which makes the misdemeanor APO charge jury demandable. For a felony APO charge, an individual must also cause significant bodily injury to the law enforcement officer, or commit a violent act that creates a grave risk of causing significant bodily injury to the officer. A felony APO charge is punishable by up to 10 yeas in jail, and/or a $25,000 fine.
Assault with Significant Bodily Injury
An assault with significant bodily injury occurs when an individual unlawfully assaults, or threatens another in a menacing manner, and intentionally, knowingly, or recklessly causes significant bodily injury to the other person. The D.C. code defines significant bodily injury as an injury that requires hospitalization or immediate medical attention. An assault with significant bodily injury is a felony offense that is punishable by up to three years imprisonment, a fine of $12,500, or both.
Aggravated Assault
In Washington, D.C. an individual can be charged with a felony aggravated assault offense if any of the following occur: The person knowingly or purposely causes serious body injury to another person, or Under circumstances manifesting extreme indifference to human life, that person intentionally or knowingly engages in conduct which creates a grave risk of serious bodily injury to another person, and thereby causes serious bodily injury. Serious bodily injury” is defined as an injury which involves unconsciousness, extreme physical pain, protracted and obvious disfigurement, protracted loss or impairment of the function of a bodily member, organ, or mental faculty or a substantial risk of death. An aggravated assault charge is punishable by up to 10 yeas in jail, a fine of $25,000, or both.
Murder
In Washington, D.C., murder charges are categorized into several types based on the circumstances and intent surrounding the act. First-degree murder, defined under D.C. Code § 22-2101, involves a premeditated and deliberate killing. This includes killings that occur during the commission of certain felonies, such as robbery or arson, commonly referred to as felony murder. In contrast, second-degree murder (D.C. Code § 22-2103) refers to intentional killings that lack premeditation or planning, or deaths resulting from a reckless disregard for human life. For cases involving less deliberate actions, voluntary manslaughter (D.C. Code § 22-2105) applies when a killing happens in the "heat of passion" due to provocation or extreme emotional disturbance. While intent is present, it is influenced by the circumstances. On the other hand, involuntary manslaughter (D.C. Code § 22-2104) covers deaths caused by negligent or reckless actions, without any intent to kill. Each of these charges carries significant consequences and hinges on the specific facts of the case, making skilled legal representation crucial to understanding and addressing these serious allegations.
Gun Offenses
Unlawful Possession of Firearm
Client Satisfaction
In Washington, D.C., there are certain individuals prohibited from possessing a firearm. The D.C. Code states that no person shall own or keep a firearm, or have a firearm in his or her possession in the District, if the person: Has been convicted of a crime punishable by more than one year imprisonment; Is not licensed to sell weapons, and the person has been convicted of a weapons offense; Is a fugitive from justice; Is addicted to any controlled substance; Is subject to certain court orders (For example: a court order restraining the person from assaulting, harassing, stalking, or threatening another person; or a court order requiring the person to relinquish possession of any firearms); or Has been convicted within the past 5 years of a misdemeanor intrafamily offense, i.e., an offense with an intimate partner, or with family violence
Penalties for Unlawful Possession of a Firearm
At the lowest level, a conviction for unlawful possession of firearm carries a 1 year mandatory minimum sentence of incarceration and maximum of 10 years imprisonment. The mandatory minimum sentence however, can jump to 2 or 3 years, and the maximum sentence can also increase up to 15 years depending on the type of offense that prohibited the individual from possessing a firearm, and/or certain convictions such as crimes of violence on the individual’s record.
Carrying a Pistol Without a License
In the District of Columbia it is illegal for anyone to carry a pistol openly, or concealed on his or her person unless the individual has a license to do so. A pistol is any firearm originally designed to be fired by use of a single hand or with a barrel less than 12 inches in length. According to D.C. Code section 22-4504.01 however, if a person holds a valid registration for a firearm, he or she may carry the firearm within the home, their business, for lawful recreational purposes, or while the gun is being transported for a lawful purpose. Penalty: Carrying a firearm in a location other than the person’s home, place of business, or other land possessed by the individual, can carry up to 5 years incarceration, a fine of $12,500, or both. If the person has a prior felony, the individual could face up to 10 years incarceration, a $25,000 fine, or both.
Possession of Unregistered Firearm
In Washington, D.C. an individual can be charged with a felony aggravated assault offense if any of the following occur: The person knowingly or purposely causes serious body injury to another person, or Under circumstances manifesting extreme indifference to human life, that person intentionally or knowingly engages in conduct which creates a grave risk of serious bodily injury to another person, and thereby causes serious bodily injury. Serious bodily injury” is defined as an injury which involves unconsciousness, extreme physical pain, protracted and obvious disfigurement, protracted loss or impairment of the function of a bodily member, organ, or mental faculty or a substantial risk of death. An aggravated assault charge is punishable by up to 10 yeas in jail, a fine of $25,000, or both.