VIOLENT OFFENSES

Violence against people and property of another are taken very seriously by the criminal justice system for obvious reasons.  Outside of the criminal justice system people having violent convictions on their criminal record could be terminated by their present employer or not hired by a prospective employer after a criminal background check is run.  As a Washington criminal defense attorney, I can help you by mounting an aggressive defense to your charge.

Call my office at 206-905-1174 to set-up a FREE consultation.

CRIMINAL ASSAULT 4th DEGREE

Assault 4 is a Gross Misdemeanor, which carries a maximum penalty of 364 days in jail and a $5000 fine. You can be placed on probation for up to 2 years.

The following elements of Assault 4 must be proven Beyond a Reasonable Doubt:

  • An intentional touching
  • that is offensive and is done with unlawful force, or
  • is intended to create fear of bodily injury.

 

It’s important to understand that a Misdemeanor Assault does not require physical contact; physical contact is just one element that the prosecution can use to prove his or her case.

Fortunately, Assault charges can be successfully defended in a variety of ways by an experienced Washington criminal defense attorney.  One of the best defenses recognized under the law to protect against an assault conviction is SELF-DEFENSE.

Call my office at 206-905-1174 for a FREE consultation to determine if the facts of your case qualify you to use self-defense to clear your name.

ASSAULT 4 DOMESTIC VIOLENCE (DV)

Is similar to regular Assault 4 except the parties involved know each other and the penalties upon conviction are slightly different: same maximum jail time and fine as above, but you also lose your right to own or possess firearms until a court restores that right.  The judge can also place you on probation for up to 5 years. Outside of the legal system there is a high social stigma attached to Domestic Violence, which may affect your job or other personal relationships.

Unfortunately, it is easy to file a domestic violence complaint and preventing a prosecution once a complaint has been filed is difficult.  Often, all it takes is a phone call to 911 and an innocent person can be accused of this crime.

The police are essentially required to make an arrest when called to the scene of a DV situation.  As a result, arrests are frequently made based on unsubstantiated assault and battery accusations, even if the accuser recants.

If your spouse, relative, friend, significant other, etc, changes their story after your arrest, the prosecutor may still go forward with their case in many instances. This scenario happens often and the prosecuting attorney will likely continue to prosecute despite the victim denying the Assault after the start of criminal proceedings.

What should you do if you’re being charged with Assault 4 or Assault 4 DV?  Your first step should be  to call a Washington criminal defense attorney, so your attorney can start building a strong defense as soon as possible.

Call my office at 206-905-1174 to set-up a FREE consultation.

MALICIOUS MISCHIEF 3rd DEGREE

Malicious Mischief (aka Property Destruction in some courts) is defined as “knowingly and maliciously damaging the property of another” and can be charged as a DV crime depending on the relationship of the parties.  If the damaged property value is less than $750, then the charge is Malicious Mischief in the 3rd Degree a Gross Misdemeanor, which carries a maximum penalty of 364 days in jail and a $5,000 fine.  Anything over $750 is a Felony.  As a Washington criminal defense attorney, I can defend you against a Malicious Mischief charge.

Call my office at 206-905-1174 to set-up a FREE consultation.

HARASSMENT

The following elements of Harassment must be proven Beyond a Reasonable Doubt:
You knowingly threatened:

  • To cause bodily injury immediately or in the future to the person threatened or to any other person; OR
  • To cause physical damage to the property of a person other than the actor; OR
  • To subject the person threatened or any other person to physical confinement or restraint; OR
  • Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; AND
  • The words or conduct used places the person threatened in reasonable fear that the threat will be carried out.

 

If this is your 1st Harassment charge, and you are not involved in a restraining or protection order, Harassment is a Gross Misdemeanor carrying a maximum penalty of 364 days in jail and a $5,000 fine. However, it may also be charged as a Class C Felony under certain circumstances. As a Washington criminal defense attorney, I can defend you against a Harassment charge.

Call my office at 206-905-1174 to set-up a FREE consultation.