Assault

Why was I charged with Assault?

There are four levels of basic assault in Washington. Three levels of Assault of children. A separate Assault known as Custodial Assault is when the victim is a staff member or volunteer in a corrections or detention facility. Your charge will determine the level of Assault.

Relationship to the Victim

Domestic Violence can be added to the charge if the victim is a relative or if there has been a prior relationship between victim and aggressor (the statute is very expansive).

My partner doesn’t want to press charges. What if my case is dismissed?

Washington State law states that the “State” is the one who brings the charges and not the victim. This is the county or municipality’s prosecutor. This is the defendant’s “plaintiff”. In other words, the only person who can bring an Assault case against a defendant is the State. The natural consequence is that only the State can bring an Assault charge against a defendant. The victim cannot drop the charges in Washington.

Definition Of Assault

Washington Courts define Assault in one of three ways. (1) A deliberate attempt to inflict bodily harm upon another person; (2) an unlawful touching with criminal intent; (3) the placing another in fear of harm, regardless of whether or not that actor intends or is able to inflict it.

RCW Title 9A.36 contains all the necessary elements to prove an Assault case. The Washington Criminal Code does not define the term “Assault”. Washington courts use the common law definition for Assault. This generic definition of Assault can be used at all levels (1, 2, 3 and 4). However, felony Assault levels (1, 2, 3 and 4) will have additional qualifiers that increase the severity of any Assault charges.

No one was hurt

No matter if physical injury occurred, Assault charges can be brought against you. Assault charges are often complicated. Although the person accused of Assault might not have intended to put another person in danger, it is possible that they did. In those cases, however, the State must show that the fear is justified based on the facts.

Self-Defense

The accused can claim self-defense if the harm was done intentionally. If the accused believes he is about to be hurt, he may claim self-defense. The response to an accusation is judged on the basis of a reasonable person standard under similar circumstances.

It is critical to have enough time

When it comes to Assault charges, time is important. We have collected video evidence and witness statements in past cases to show that our client wasn’t an aggressor. Sometimes, we were able to stop the Prosecutor charging the case and prevented our client from being arrested.

Video recordings taken at homes and businesses are gradually deleted. This can lead to the loss of your best defense. The State could have the upper hand if it delays for days or weeks as memories and witnesses become lost. Police reports will be considered to be the most reliable evidence.

Every day, the Prosecutor builds a case against you

It is crucial that you immediately seek out a defense lawyer in the most serious Assault cases. The Prosecutor may wait for police reports or investigation before charging you. This can take months, if not years. While the State may be bolstering its case, you are losing your defenses as time passes. Call a lawyer immediately if you suspect that an investigation is under way or will be.

Your Family’s Impact

Although Assault 4 or other misdemeanor charges may seem less serious than others, they often have the greatest impact on families over the long-term. Financial burdens of Assault 4 cases or other misdemeanor charges can be very costly.No contact orderFor families that were barely making ends meet, bankruptcy can quickly occur. We have assisted domestic partners in the past to establish that there is no danger to safety or fear at the time of their arrest. Washington has a mandatory arrest requirement for officers called to a domestic violence situation. Due to the mandatory arrest requirement, officers are often limited in their discretion and can make mistakes about who the aggressor was or whether an assault took place. A criminal defense lawyer with experience can help you determine if there is still time to stop the No Contact Order being issued. This situation is crucial.

What does it mean if my charge has DV or domestic violence attached to it?

People often call to say that they have been charged with Domestic Violence. This is false. Domestic violence is not a criminal offense. Domestic violence is not a criminal offense. However, it carries significant consequences, including the loss of firearm rights.

99 percent of our Assault cases are resolved by a reduction in charge, dismissal through diversion or dismissal at the trial.

You can control your conditions of release

As mentioned above, if you face an Assault case with a domestic violence “tag”, the Prosecutor will request a No Contact Order between the victim and you. The Court will not consider a No Contact Order that forces you from your home. The No Contact Order will require you to find a place that is separate from your partner, spouse, or roommate. If you have children, the No Contact Order may prevent you from seeing your children. As the case progresses through criminal proceedings, this order may be in effect for several months. If you have not been Arraigned and the No Contact Order has not yet been in place, please call our office immediately. Your lawyer may be able, in certain circumstances, to stop the No Contact Order being placed. However, this is extremely rare and dependent on the timing.

Going to trial versus negociating an alternative resolution or dismissal

Many people call our office worried about losing their jobs, their families, or getting jail time. When you face an Assault charge, these are real concerns. For the most serious offenses, you can be sentenced to a very long prison term. This is also a serious concern for attorneys. If you spend years in prison, it is impossible to return to success as a member of society.

A skilled defense attorney can use a variety of tactics to help clients avoid jail time or minimize their sentence for Assault charges. Although most clients would like to tell their story and have the chance to defend themselves by going to trial against the charges, this can sometimes prove to be dangerous. Juries are capable of doing very strange things when it comes deciding criminal cases based only on one version of the story. Most jurors don’t believe that the State would bring a case to trial if it wasn’t true to their story. It is crucial to have a competent trial attorney present your side of the story if you have a case that needs to go to trial.

Trials can have risks

The Prosecutor must step aside from hundreds of cases she is trying to resolve when a case goes to trial. The State does not want to spend a week in trial preparations. Be prepared for “hold backs”, or additional criminal charges, if defense forces you to go to trial. These additional charges were basically held back by the State to incentivize you into a deal.

Extra charges or “Hold Backs”

It can be risky to go to trial if these “hold backs” charges are not reasonable and proven by the State. You might have a strong defense against the Assault charge, but you are now facing a drug offense with intent to distribute. The elements of the hold back charge can be easily proven. Are you willing to be found guilty of the Assault but not guilty of the attempt to distribute? Depending on your criminal history, perhaps not. All of these factors should be considered if you are facing serious charges that could result in long sentences. It is not in your best interests to hire attorneys who only focus on taking cases to trial. Not only is it important to hire an experienced trial lawyer, but also that the attorney be extremely skilled in negotiation techniques. To get the best result for clients, the best defense attorney will use both these tools.

Why should you hire us?

Our firm has had great success in defending Assault cases during trial and negotiation. Our clients are provided with all the information they need, including the facts and legal defenses available. We also prepare them for the possible outcomes. We examine every aspect of a case, looking for legal and evidentiary issues. We know that the majority of assault cases we receive are brought to us by officers who made decisions on the scene. They determined who was the aggressor, and who was victim. We will continue to work hard to tell the truth.

Did You Receive A Summons For An Assault Charge?

For certain Assault cases, receiving a Summons rather than being arrested can be very beneficial. We can help you present a proactive defense, and stop a No Contact Order being placed depending on the type and jurisdiction of the charge. This can make a huge difference in domestic situations. It is crucial to be able stay at your home, as Assault 4 cases can drag on for months.

What is the cost of Assault Defense?

Flat-fee criminal defense lawyers work. You do not have to pay an hourly or contingency fee. It is illegal to charge a contingency fees in criminal cases. The type of charge and location where you are being charged will determine the flat fee.

There are 4 levels of assault

Assault in Fourth Degree is the lowest level. Because they are Gross Misdemeanors, Assault 4’s can be handled in District or Municipal Courts. An Assault 4 sentence can result in a maximum 364 day imprisonment and a $5,000 fine.

It is easy to grasp the different levels of Assault by qualifiers or special allegations if you have the above definition and the below four degrees as per statute.

Assault in Fourth Degree

(1) An assault in the fourth degree is committed by a person who assaults another person in circumstances that do not amount to assault in either the first, second or third degrees or custodial assault.

How are Assault 4 cases typically resolved?

The treatment of misdemeanors is different from felonies. There are usually more options to resolve the case. District Courts and Municipal Courts use a rehabilitation model to handle cases, rather than the punishment model used in Superior Courts (where felonies can be handled).

There are two options in the lower courts for misdemeanor assault (other than going to court or pleading guilty): (1) The “Compromise on Misdemeanor” (only for certain crimes) (2) Court-specific agreements that look a lot like a contract. These “contracts” are also known asDiversion agreements?Pre-Trial Diversion agreementsOrStipulated Orders for Continuance. One of these options can reduce or dismiss the pending charges. If the misdemeanor Assault is not related to domestic violence, a Compromise of Missdemeanor is an option.

If a person does not have a long criminal history, or the facts of the case are very troubling, most misdemeanor assault charges can be resolved using one of these mechanisms. The Courts may require treatment such as alcohol treatment or domestic violence treatment if alcohol contributed to the case. These proactive treatment requirements are often included in the settlement and can be required for dismissal if the resolution calls for it.

If any of the above resolution options is not available, a defendant may enter a plea of guilt to an Assault on the Fourth Degree charge. The District or Municipal Court will sentence him to the maximum sentence (364 day) and suspend the time that is to hang over his head. For example, if a Judge sentences someone to one day, then the sentence is 364 days with 363 suspended. This happens in every assault case where the Judge issues a sentence. This is done to make sure that the defendant follows the terms of the sentence (treatment). The Judge may suspend portions of the sentence if the defendant does not agree to the Court’s sentence. It is best to follow your terms, as there are 364 days of jail time available.

Serious Consequences For Assault Charges

You could face the most severe consequences if you are accused of being in possession a firearm at the time of the Assault. If convicted, you will face a felony charge. Contact a defense attorney immediately if you do not have a firearm at the time. This could help move your case from a Felony charge to a misdemeanor. Assaults should be handled in District Court as the penalties are lower and jail time is much reduced. District Court offers more flexible alternatives to Assaults.

Felony – All Other Assaults

All other Assaults (numbers 3, 2, and 1) are felonies, and are charged in Superior Court. Remember that the above definition of Assault still applies. However, certain qualifiers are added to describe the facts, intent or level of injury. This determines the level of the felony charge.

Superior Courts use a punishment model, rather than the District Courts’ rehabilitative model. The focus is on punishment and less on treatment. This is not to say there aren’t rehabilitative programs. However, rehabilitation is seldom the main focus.

Assault in Third Degree (Class B)

(1) An assault in the third degree is committed by a person if the circumstances are not similar to assault in either the first or the second degree.
(a) Intent to stop or resist the execution any lawful process, mandate of any court officer, or the lawful arrest or detention of herself, another person, or assault another;
(b) Affects any person who is employed as a [transit driver] or transit employee;
(c) Affects someone employed as a [schoolbus driver] or other employee in connection with the operation of a bus; or
(d) Causes bodily harm to another person through criminal negligence using a weapon, other instrument, or thing likely to cause bodily harm;
(e) Affects a county fire marshal’s office or fire protection district firefighter or employee who is performing official duties at the time.
(f) Causes bodily injury and substantial pain for a period of time sufficient to cause significant suffering.
(g) Affects a law-enforcement officer or employee of a police agency while performing their official duties at that time; or
(h) Attacks a peace officer using a projectile stun guns; or
(i) Assaults on any health care provider; or
(j) Assaults [anyone working in the Courts]
(k) Assaults [anyone found in a Court building].

Assault in Second Degree (Class A*)

(1) An assault in the second degree is committed by a person if the circumstances are not similar to assault in first degree.
(a) Intentionally inflicts serious bodily harm on another person;
(b) Intentionally or illegally causes significant bodily harm to an unborn fast child by inflicting any injury on the mother of such child;
(c) Attacks another person with a deadly weapon;
(d) Inflicts bodily harm by administering to another or causing the taking of poison or other harmful or noxious substances; or
(e) Intent to commit a crime, assaults another person; or
(f) Inflicting bodily harm on purpose that is similar to torture.
(g) Strangulation or suffocation of another person.

Assault in First Degree (Class B)

(1) If a person intends to inflict severe bodily harm, he/she is guilty of assault in first degree.
(a) Attacks another person with a firearm, any deadly weapon, or by any force or method likely to cause great bodily harm or even death;
(b) Administers or exposes another person to, transmits to, or causes to take, poison the human immunodeficiency viruses as defined in chapter 72.4 RCW or any other harmful or noxious substances;
(c) Inflicts severe bodily injury upon another person.

Contrary to the District Court Assault Charges, felony Assault cases are subject to the Washington State Sentencing Guidelines. When determining the severity of a felony and the defendant’s previous felony records, the Court must follow certain “ranges”. A defendant’s “offender score” is the sum of all his prior felonies.

The Sentencing Guidelines allow a person with a zero offender score and a low severity level felony assault, such as Assault 3, to theoretically spend zero days in jail. However, someone charged with Assault 1 or higher (and any prior “most serious offenses”), can spend the rest of the life in prison.

How are Felony Assault Cases Usually Resolved

We try to avoid a guilty verdict for felony Assaults and therefore avoid the sentencing guidelines. Although felony Assaults may not be as common as misdemeanor Assaults they are still a common type of diversion. However, that is always our goal. Superior Court has a few lesser-known diversionary agreements, but our clients have had great success being accepted into these programs. These diversionary programs are likely to result in the dismissal of the felony Assault case. All of these programs fall under the “Therapeutic Courts”, County Superior Court. These include: Drug Court; THRIVE Court; Felony Diversion; Veteran’s Court; and Behavioral Health Court.

There have been clients who applied for diversion programs but were rejected. However, they were able to reapply and get accepted under another program. Do not lose heart if you are trying to get into a Therapeutic Court Program

It is terrible to be charged with Assault at any level. To fully understand your legal options, it is important to consult an experienced lawyer. Many Courts, particularly District and Municipal Courts will have options and practices that aren’t known by all Washington attorneys. JGR Law Offices has been handling Assault cases almost two decades. They can handle any level you might be accused of.