Graham, WA Assault Defense Attorney

People often think of assault as causing physical harm to another. While this is a common element in many assault charges, the offense is more complex than people realize. You must speak with an attorney about your specific situation to determine the best defense tactics.

Assault is not something that may be done by accident in many cases. A good defense strategy for many defendants may be to refute their alleged criminal intent. If the assault was truly accidental, charges may be reduced or even dropped altogether. Another possibility is that the supposed victim is the initial aggressor. If you acted in self-defense, you may be able to convince the judge to dismiss the case. Still, if the evidence cannot be overcome, a plea bargain might be in your best interest.

For a confidential review of your case, call our assault defense lawyers at the Law Offices of Smith & White by calling (253) 203-1645.

How to Defend Against Assault Charges in Graham, WA

Assault is a somewhat complex criminal offense, as it may be completed in numerous ways. Your best defense strategy may depend on the specific accusations against you and the evidence the prosecutor plans to present in court.

Refuting Criminal Intent

Assault is generally an intentional act. Most charges require that the defendant intentionally seek to cause harm for them to be convicted. Some charges require reckless behavior or actions that amount to criminal negligence.

If you truly did not mean to cause harm and did not intend to hurt the alleged victim, you may be able to refute the intent required to convict. Keep in mind that this might not mean that your charges will be completely dropped or dismissed. You might still face charges, but for lesser offenses that do not require an intent to cause harm.

Self-Defense

Another defense option is to argue self-defense if you truly believed that you had to use physical force to protect yourself from the alleged victim.

Using force may be justifiable only under specific conditions. According to Washington law, the use of force is lawful when used by someone about to be hurt to prevent an offense against their person. For example, if the alleged victim tried to strike you and you hit them first to stop them from hurting you, you may claim that your use of force was lawful and not assault.

Plea Bargains

Sometimes, the evidence against a defendant is too strong to be overcome in court. In such cases, the prosecutor may offer the defendant a plea agreement where the prosecutor would reduce the charges, thereby reducing the penalties, in exchange for a guilty plea.

It might not be ideal to plead guilty to lesser charges, but doing so may help you avoid the harshest penalties and keep assault charges off your record.

If you are interested in a plea bargain but prosecutors offer a bad deal, talk to your attorney. Our assault defense lawyers may be able to negotiate with prosecutors to get a better plea bargain for you.

How is Assault Charged in Graham, WA?

You may be charged with varying degrees of assault, and each may carry different penalties and defense options.

Assault in the First Degree

Assault in the first degree is an extremely serious charge. It is a Class A felony with a maximum penalty of life in prison, a $50,000 fine, or both.

Assault in the first degree may be charged if a defendant is accused of any of the following:

• Assaulting someone with a firearm or another deadly weapon by any force likely to cause great bodily harm or death
• Transmitting HIV to a vulnerable adult or a child
• Using poison or any destructive, noxious substance to cause harm to someone
• Actually assaulting someone and causing great bodily harm

Remember, assault in the first degree requires that the defendant have the intent to inflict great bodily harm when they allegedly committed the crime.

Assault in the Second Degree

Assault in the second degree may be charged under circumstances that do not amount to assault in the first degree and involve one of the following circumstances:

• You intentionally assault someone and recklessly inflict substantial bodily injury,
• You unlawfully and intentionally cause substantial bodily harm to an unborn child by intentionally harming the mother,
• You commit assault with a deadly weapon
• You use poison or a destructive, noxious substance to intentionally inflict bodily harm,
• You assault another with the intent to commit a felony,
• You knowingly inflict harm that causes pain or agony equivalent to torture, or
• You assault someone by strangulation or suffocation.

Assault in the second-degree is a Class B felony punishable by up to 10 years in prison, a $20,000 fine, or both. If assault in the second degree contains a sexual motivation or component, it may be charged as a Class A felony.

Assault in the Third Degree

Charges for assault in the third-degree often revolve around the identity of the alleged victim. For example, assault that does not constitute assault in the first or second degree and is committed against transit operators, school bus drivers, firefighters, law enforcement officials, and medical personnel, among others, may be charged.

Assault in the third degree may be charged as a Class C felony punishable by up to 5 years in prison, a $10,000 fine, or both.

Assault in the Fourth Degree

Assault in the fourth degree may act as a catch-all charge for assault that does not constitute assault in the first, second, or third degree. This offense is charged as a gross misdemeanor punishable by up to 364 days in jail, a fine of up to $5,000, or both.

However, assault in the fourth degree may be charged as a Class C felony if the offense involves domestic violence and the defendant has at least 2 prior adult convictions within the last 10 years where domestic violence was pleaded and proven.

FAQs About Fighting Assault Charges in Graham, WA

How Can You Defend Yourself Against Assault Charges?

Assault charges often require proof of the defendant’s intent to cause harm to the alleged victim. If you did not have such an intent, we may be able to fight the charges. Alternatively, self-defense may be an option if the supposed victim is the initial aggressor.

Will You Go to Jail if Convicted of Assault in Graham, WA?

Probably. Incarceration terms vary based on your specific charges, but incarceration is a possibility. Many assault charges are serious felonies that may lead to years in prison. Even so, depending on your charges and how they fit within sentencing guidelines, alternative sentencing options, like probation, might be available.

When Should You Call a Lawyer if You Are Charged with Assault?

You should call a lawyer immediately if you or someone you know has been charged with any form of assault. Even if incarceration is not significant in your case, having an assault conviction on your record may be a serious hindrance to housing and employment in the future.

Should You Accept a Plea Bargain for Assault Charges?

Maybe. Plea bargains may be most helpful for defendants who are highly unlikely to succeed at trial. If you are interested in a plea bargain, your attorney can help you negotiate with the prosecutor to get the best deal possible.

Do You Need to Present Evidence to Defend Yourself Against Assault Charges?

Not necessarily. Defendants do not have a burden of proof and are not required to present any evidence in their defense. However, if we have evidence that undermines the prosecutor’s claims, it is in your best interest that we present it in court.

Speak to Our Assault Defense Lawyers in Graham, WA About Your Charges

For a confidential review of your case, call our assault defense lawyers at the Law Offices of Smith & White by calling (253) 203-1645.