Community service or electronic home monitoring may be allowed instead of jail time. A conviction for Assault 3 will result in a loss of gun rights. No injury needs to occur for Assault 4 charges to be filed. The contact just needs to be considered offensive by a "reasonable person. A conviction for Assault 4 will result in a loss of gun rights if there is a domestic relationship with the alleged victim. Depending on the circumstances, the court can force the accused to do several onerous things including but not limited to:.
If the alleged victim and defendant have a domestic relationship, this is considered domestic violence and a No Contact Order will likely be ordered by the judge. The No Contact Order can prevent an accused person from seeing their spouse and children, even forcing them to find a new place to live while leaving their property behind. All allegations of assault are very serious. You should not speak to the police or make any statements without the presence of an experienced criminal attorney.
Unrepresented defendants are often baited into making statements that are taken out of context and later used against them. At Beckwith Law, we are experienced assault lawyers with offices in Seattle and Tacoma. We can be called any day of the week including after-hours for a free consultation.
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Cristine Beckwith, Attorney at Law. Practice Areas. Assault Charges. Assault Charges In Washington State, assault is defined by the courts as any unwanted physical harm. Assault Crime Defenses Self-Defense. Domestic Violence Assault If the alleged victim and defendant have a domestic relationship, this is considered domestic violence and a No Contact Order will likely be ordered by the judge.
Often, accusations are untrue or are based on a misunderstanding, causing many people to be wrongfully accused of this crime. If there are marks on the alleged victim, the prosecutor will likely use this as evidence against you. However, it can sometimes be argued that the mark or bruise was from a self-defense action or an unrelated event. There are many ways in which an experienced criminal defense attorney can mitigate or get the Assault 4 charge completely dismissed. If found guilty of a first offense Assault 2 charge, the sentencing guidelines require a minimum of three months in custody.
Assault 2 is considered a violent strike offense. Additionally, enhanced penalties can apply if a weapon was used in the commission of the crime. In Washington State, you can be charged with 2nd Degree Assault if any of the following apply: There are substantial injuries such as a fractured bone There are accusations of choking or strangulation A deadly weapon was used in the commission of a crime Substantial Injury — When an arrest is made, the medical diagnosis of the injuries has not been determined.
However, suspects are often booked on Assault in the Second Degree, when in fact the injuries only meet the criteria for Assault in the Fourth Degree. We commonly see this when it is anticipated that there is a facial fracture or a broken nose.
Strangulation — The facts are essentially a misdemeanor Assault in the Fourth Degree since a serious injury likely did not result.
During the police investigation, law enforcement will often coach an alleged victim into discussing any touching of the neck area. The police report will then describe the contact as strangulation Assault 2 as opposed to just unwanted touching Assault 4. Normally, the judge has some discretion on the length of the sentence and whether to allow the defendant to serve any portion of the sentence on probation rather than in prison.
In determining a sentence, judges usually consider the defenses presented at trial, whether the defendant has taken responsibility for the crime and shows remorse , circumstances surrounding the crime, the extent of any injuries incurred, the type of weapon used, the accused's prior criminal record and, in some situations, the victim's background or relationship to the defendant.
In some states, assault against a special victim like a police officer or elderly person carries more severe penalties or is subject to a sentence enhancement, which permits the court to add extra time to the sentence for the underlying crime.
In many states, there also are more severe penalties or sentencing enhancement provisions if the deadly weapon used in an assault or battery is a firearm. Finally, in some states, the penalties are even more severe for certain types of firearms such as automatic weapons, machine guns, or guns that shoot metal-resistant bullets.
Aggravated assault is a very serious felony charge and a conviction can seriously impact your life. You could face a lengthy prison sentence and the stigma of being a convicted felon. Convicted felons cannot vote or possess firearms and often have difficulty finding employment. Misdemeanor charges might seem minor but they carry significant penalties as well and should not be taken lightly.
Any time spent in jail can impact one's life and employment. A criminal record for assault, even a misdemeanor, won't look good to potential landlords or employers. A competent criminal defense attorney can help you fight an assault charge, protect your rights, and achieve the best possible outcome. Choose your state from the list below to find information about your state's laws regarding aggravated assault. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Market Your Law Firm. Lawyer Directory. Call us at 1 Simple and Aggravated Assault Laws and Penalties. Learn how states classify and penalize assault crimes. This article will discuss these various views of assault and their common penalties.
Here are the main divisions of assault. Assault as Physical Connection or Offensive Contact Some states define assault as the intentional use of force or violence against another, such as punching a person or striking the victim with an object.
Assault as an Attempt or Threat to Physically Touch or Harm In other states, assault does not involve actual physical contact and is defined as an attempt to commit a physical attack or as threatening actions that cause a person to feel afraid of impending violence. Levels of Harm Your state might use levels of harm to distinguish simple from aggravated assault or misdemeanor from felony assault. Deadly Weapon Depending on the state law, an assailant may face aggravated assault charges if they possessed a weapon and either threatened to use it or used it in the offense.
Examples of Simple and Aggravated Assault Every state has different laws and different interpretations of those laws. Simple assault can include: threatening to slap someone around and approaching them looking ready to throw a punch forcefully grabbing someone's arm or wrist and causing pain pulling someone's hair or shoving them down or against a wall, or throwing an object at someone and causing bruises, scratches, or cuts.
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