NW Liberty Assault Defence
Washington State Assault Lawyers
When your freedom and reputation are at stake, it’s crucial to entrust your case to an attorney with the requisite expertise and skills for a successful outcome. Our attorneys have a track record of handling countless assault cases. We possess an in-depth understanding of how the government constructs an assault case, allowing us to pinpoint weaknesses within a prosecutor’s case.
Facing assault charges can lead to extended periods of incarceration, underscoring the vital role played by a proficient criminal defense attorney in safeguarding your legal rights. Given that assault is classified as a “violent crime,” a conviction can significantly impede your career prospects and life advancement opportunities by tarnishing your record. Successfully contesting an assault case demands a considerable investment of time and unwavering commitment. A defense attorney must consistently outperform the opposing side to ensure justice for their client. Our team is deeply dedicated to his profession and exhibits a fervent passion for defending those accused of crimes.
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Contacting a lawyer as early as possible in the case can make all the difference in the outcome.
Degrees of Assaults
In Washington State, there are four distinct levels of assault charges:
First Degree Assault, Second Degree Assault, Third Degree Assault, and Fourth Degree Assault.
Assault in the
First Degree
“First degree” denotes the most severe form of the crime. Typically, Assault in the First Degree, as defined under 9A.36.011, involves intentionally causing serious bodily harm to another person. Assault in the First Degree carries a standard sentencing range of 93 to 123 months, with the possibility of an extended range if the defendant has a prior felony record.
Assault in the
Second Degree
Second Degree Assault is usually defined as causing significant bodily harm to another person or assaulting someone with a deadly weapon, regardless of whether an injury occurs. A first-time offender convicted of Second Degree Assault faces a standard sentence range of 3 to 9 months.
Assault in the
Third Degree
Third Degree Assault typically pertains to assaults on police officers or specific public employees and carries a standard sentence range of 1 to 3 months. (It’s important to note that these standard ranges do not account for penalties associated with weapon enhancements, as discussed below.)
Assault in the
Fourth Degree
Assault in the Fourth Degree constitutes a gross misdemeanor. It involves committing an assault against another person without the need to prove injury or pain. Typically, Fourth Degree Assault charges arise from actions like pushing, slapping, or punching. As with any gross misdemeanor, the judge can impose a sentence ranging from 0 to 364 days in jail, even in the case of a Fourth Degree Assault conviction.
Assaults Involving Domestic Violence
Accusations of domestic violence pose unique challenges for a defendant. Even a misdemeanor conviction of assault related to domestic violence can result in the loss of gun rights, and merely facing such charges can cast a long-lasting shadow on a person’s ability to purchase firearms. Furthermore, mandatory arrest protocols often lead to the incarceration of the accused even before formal charges are filed. Frequently, assault charges are accompanied by additional allegations, including Malicious Mischief, Interfering with the Reporting of a Domestic Violence Crime, Trespass, Harassment, Stalking, or Violation of a Protection Order, Restraining Order, or No-Contact Order.
Self-Defense
Our law firm frequently encounters assault cases defended on grounds of self-defense. Under Washington state law, the use of force against another person is considered lawful under two conditions: when employed by an individual who reasonably believes they are about to be injured, and when the force used is not excessive. The force employed must align with what a reasonable person would use in the same circumstances. Self-defense does not have a precise formula; it often hinges on the jury’s perception of the defendant and the alleged victim.
Reasonableness in self-defense is evaluated based on the perspective of the person using force, considering all facts and circumstances known to them at the time. It’s crucial to understand that reasonableness is not assessed retrospectively or based on what the person should have done with hindsight. As Oliver Wendell Holmes once stated, “detached reflection cannot be demanded in the presence of an uplifted knife.”
The law necessitates that the use of force be deemed “necessary,” meaning that, at the time, no alternative course of action appeared reasonably effective given the circumstances. The burden of proof is not on the defendant to demonstrate self-defense; instead, it falls upon the prosecutor to convince the jury beyond a reasonable doubt that the force used was not in self-defense. Generally, Washington State grants individuals the right to stand their ground in places they have a legal right to be, without imposing a duty to retreat. However, it’s essential to exercise caution during jury selection in self-defense cases, as perspectives on self-defense and the use of force can vary widely among jurors. Additionally, the perception of what constitutes “reasonable” force may differ to each juror.
Schedule an Appointment
Contacting a lawyer as early as possible in the case can make all the difference in the outcome.
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If you wish to discuss your case with our firm, please don’t hesitate to reach out. We offers free consultations for criminal cases, providing you with honest opinions and answers to your questions. Learn more about how a criminal defense attorney can assist you or your family member.