Assault 1st, 2nd, and 3rd degree are all felonies of varying degrees. Each felony has a number of varying elements that may qualify an act as Assault. If you have been charged with Assault 1st, 2nd, or 3rd degree, you need an experienced attorney to help guide you through the elements that must be proven and the best possible defense.
Self Defense, RCW 9A.16.110: "No person in the state shall be placed in legal jeopardy of any kind whatsoever for protecting by any reasonable means necessary, himself or herself, his or her family, or his or her real or personal property, or for coming to the aid of another who is in imminent danger of or the victim of assault, robbery, kidnapping, arson, burglary, rape, murder, or any other violent crime as defined in RCW 9.94A.030"
Assault in the 4th Degree, RCW 9A.36.041: "A person is guilty of assault in the fourth degree if, under circumstances not amounting to assault in the first, second, or third degree, or custodial assault, he or she assaults another." Assault in the 4th degree is a gross misdemeanor punishable by up to 364 days in jail and a $5000 fine. Additional penalties may be assessed if there is a Domestic Violation tag added to the charge.
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If you are charged with an Assault, you need a Assault Defense Lawyer now. Prosecutors often move quickly with these charges and may be requesting No Contact Orders and Bail prior to your release from custody. Additionally, the victim may be requesting a No Contact Order through civil means. You need a professional Assault Defense Lawyer to fight for you from the beginning.
Being charged with Assault in the 4th degree can have long reaching effects. Assault in the 4th degree can either be charged as a stand alone offense or can be have a domestic violence (DV) tag added to it.
If the police are called for a domestic violence disturbance and they establish probable cause that an assault (defined as an unwanted touching) has occurred in the last 4 hours, an arrest of the primary aggressor is required by law. This mandatory arrest is only the beginning of the severity an Assault 4 DV can bring. Other implications of an Assault 4 DV conviction are:
If you are charge with Assault in the 4th degree or Assault 4 DV, you need an experienced criminal defense Lawyer that knows how to defend an Assault case. Snohomish County, King Count, the City of Lynnwood, Bothell, and nearly every other county and city in Washington aggressively pursue Assault cases. If a no contact order is in place, you may not be allowed to see your family or even return to you house while the case is pending. Contact the Law Firm of Lucas D. McWethy today to schedule your free case evaluation and start protecting yourself.