Auburn, WA Assault Defense Lawyer

One of the most widely known and misunderstood criminal charges is probably assault. Assault is far more complex than simply striking another person, although that may be considered assault. If you are charged, get help from a lawyer immediately.

Our team may challenge allegations that a firearm or deadly weapon was part of the alleged crime. We might instead dispute the victim’s alleged injuries or challenge their weak testimony. Your best defense depends on your specific circumstances, and an attorney can help you develop the most effective defense strategy.

Ask our assault defense attorneys for a private case assessment when you call the Law Offices of Smith & White at (253) 203-1645.

What Are Possible Assault Charges in Auburn, WA?

Assault may be charged under various circumstances, and the facts of the case may determine how assault is charged.

Assault in the Fourth Degree

This charge acts as a catch-all for assault cases that do not meet the criteria to be charged as assault in the first, second, or third degree.

Assault in the fourth degree may be charged as a gross misdemeanor and punished with a jail term of up to 364 days.

However, a defendant may be charged with a Class C felony if domestic violence is pleaded and proven, and the defendant has at least 2 convictions from the past 10 years for certain domestic violence offenses. If convicted, a defendant may face up to 5 years in prison.

Assault in the Third Degree

Assault in the third degree tends to focus on alleged assaults committed against certain people. A person may be charged if they assault a police officer while resisting arrest or assault a transit operator while they are performing their duties. Others include firefighters, teachers, judicial officers, and healthcare workers.

You can also be charged if you are accused of causing bodily harm using a weapon or a dangerous instrument likely to cause bodily harm under circumstances amounting to criminal negligence.

Assault in the third degree is a Class C felony punishable by up to 5 years in prison.

Assault in the Second Degree

You may be charged if you are accused of intentionally assaulting someone and thereby recklessly causing substantial physical harm. You may also be charged if the assault involved a deadly weapon, noxious substances (i.e., poisoning), or strangulation or suffocation.

This form of assault may be charged as a Class A felony can carries a lifetime maximum prison term.

Assault in the First Degree

Assault in the first degree may be the most serious form of assault and is a Class A felony, meaning a defendant could be sentenced to life in prison.

To be charged, a defendant must intend to inflict great physical harm and assault someone with a firearm, deadly weapon, or other means of force significant enough to produce death.

You can also be charged for exposing a vulnerable adult or child to HIV, exposing someone to a noxious substance, or simply assaulting someone and causing great bodily harm.

How Do You Fight Assault Charges?

Assault charges may carry severe penalties, but prosecutors still must prove their cases beyond a reasonable doubt before any penalties are imposed. A good defense may raise the reasonable doubt necessary to beat the charges or at least reduce the penalties.

Self-Defense

Many assault cases involve victims who were the initial aggressors. If the alleged victim attacked you first, our assault defense attorneys may be able to argue that you acted in self-defense. This is often an affirmative defense that may negate criminal liability if successful.

Challenging Claims of a Deadly Weapon

The supposed existence of a deadly weapon may make an assault case much worse. Even if a victim is not badly injured, the mere fact that a deadly weapon was used may mean the penalties are much harsher.

If there is not enough evidence to suggest a deadly weapon was involved, we can and should argue that your charges are too harsh or unsubstantiated.

Lack of Evidence

Can prosecutors prove there was an assault? Is there any evidence of the victim’s supposed injuries? If the evidence is so lacking that prosecutors cannot meet their burden of proof, we can file a motion to dismiss the charges for lack of evidence.

Even if our motion is denied, there is a strong chance that a jury will render a verdict of not guilty if the evidence is truly insufficient.

What Should You Do if You Are Arrested for Assault?

If you are placed under arrest for alleged assault, stay calm and demand to call your lawyer.

Stay Calm and Cooperate with the Authorities

Being arrested can be frightening, and many people panic or try to flee. It is best to avoid resisting and cooperate with the authorities, even if they go out of their way to make the experience as unpleasant as possible.

Resisting will only lead to more trouble and possibly more criminal charges.

Do Not Answer Questions About the Alleged Crime

The police will likely want to ask you questions about the alleged assault, but you do not have to answer. Remember, any information you tell the police can be used against you. Even if you believe you have information that can help you, wait until your lawyer is present before saying anything.

Call a Lawyer as Soon as Possible

You have a right to have a lawyer present during custodial interrogation. Once you demand a lawyer, the police must cease questioning and allow you to contact your attorney. Invoke this right as soon as possible and as directly as possible. Do not beat around the bush.

FAQs About Defending Yourself Against Assault Charges in Auburn, WA

Can You Go to Jail if You Are Convicted of Assault?

Yes. Assault may be charged as a gross misdemeanor with a maximum jail term of 364 days. In more serious circumstances, assault may be charged as a felony, and defendants may face many years behind bars.

What Are Different Kinds of Assault Charges?

Assault may be charged in the first, second, third, or fourth degree. Each form of assault has different criminal elements and ranges in severity. Assault in the first degree is the most severe, while assault in the fourth degree is much less severe.

How you are charged may depend on the victim’s injuries, whether a deadly weapon was used, your alleged intent, and the victim’s identity, among other factors.

How Can You Defend Yourself Against Assault Charges?

You may be able to challenge assault charges based on a lack of evidence. The prosecutor must meet a high burden of proof. If they cannot, we can move for dismissal or urge the jury to find you not guilty.

We may also challenge evidence that was seized illegally, as it should not be used against you. The more evidence that is excluded from a trial, the weaker the case becomes.

Can a Plea Bargain Help You with Assault Charges?

Possibly. It may be possible to accept a plea bargain where our charges are reduced. Although you must plead guilty, you may avoid the harshest penalties and serve far less time behind bars.

Get Legal Help Now from Our Assault Defense Attorneys in Auburn, WA

Ask our assault defense attorneys for a private case assessment when you call the Law Offices of Smith & White at (253) 203-1645.