How to Defend Against Assault Charges in Washington State

We may defend each assault case differently. Charges, facts, and circumstances vary, making self-defense viable in some cases and lack of intent viable in others. Let us start working on your defense immediately so we have ample time to prepare before trial.

We may use text messages, witness statements, video footage, and other evidence in a defense. Tell us as many details about the alleged assault as you can remember, or give us an alibi if you have one. Eyewitnesses may testify that the alleged victim initiated the interaction, and character witnesses may testify that you do not have a history of aggression. After we prove you were acting in defense of others or the allegations against you are false, the jury may acquit you.

Call our Tacoma, WA assault defense lawyers at (253) 525-8036 for help from the Law Offices of Smith & White.

What Are Common Defenses to Assault Charges in Washington?

Defenses for assault charges are case-dependent, though self-defense and defense of others are two of the most common defenses.

Self-Defense

RCW 9A.16.020(3) lets you use reasonable force to protect yourself from injury or your property from malicious trespass. If someone attacks you, you are justified in doing what you must to protect yourself. We can prove the force you used was necessary and proportional to that used against you.

Medical records proving your defensive wounds, witness statements, and other evidence help us prove self-defense.

Defense of Others

The same statute lets you use reasonable force to protect others from injury. Witness statements help prove you were acting in defense of others. They can testify in court that another individual was the actual offender and that you were protecting them and others.

Is Lack of Intent a Defense Against Assault Charges in Washington State?

Generally, some level of intent is required to prove assault charges in Washington. Though the degree of intent varies depending on the charge, lack of intent is sometimes a successful defense.

If the prosecution cannot prove you intended to harm the alleged victim, the jury may find you not guilty.

Lack of intent may work as a defense against assault in the fourth degree but maybe not against assault in the second or first degree.

What if False Allegations Lead to Assault Charges in Washington?

If you have been wrongly accused of assault, like after an altercation with an intimate partner, contact us right away. Our Washington assault defense lawyers may prove that the allegations against you are false, clearing your name.

Text messages between you and the alleged victim, phone recordings of the interaction, and witness testimony can prove allegations are false.

While prosecutors can file charges without alleged victims’ corroboration, getting guilty verdicts is harder. Allegations of assault being recanted can also help your case.

What Evidence Helps Your Defense Against Assault Charges?

Evidence varies from case to case. Let us start investigating as soon as possible so we can get enough proof to support your defense.

Witness Statements

Many defenses rely heavily on witnesses. Witnesses serve different purposes. Eyewitnesses may testify about an alleged assault and confirm you were not involved or were acting in self-defense.

Character witnesses are individuals who can testify about who you are as a person. For assault charges in the first or second degree, prosecutors might make accusations about your character or supposed history of aggression, and people close to you can testify to address that.

Expert witnesses may testify about your defensive wounds, mental stability, or other facts of the case.

Physical Evidence

Exculpatory physical evidence helps defendants. This is any evidence that shows your innocence, such as someone else’s fingerprints on an item allegedly used in the assault, like a weapon. Prosecutors test physical evidence, but we can have it retested or reviewed by our own experts.

The prosecution not being able to produce any physical evidence tying you to an alleged assault also helps your defense.

Photo and Video Evidence

Video evidence may tell a very different story than what the prosecution alleges. Altercations in bars, on the street, and elsewhere are often caught on security cameras. Footage may show the alleged victim approaching and attacking you and you responding with appropriate force to protect yourself.

Correspondence

Assault in the fourth degree is one of the most common domestic violence charges in Washington. Misunderstandings between romantic partners or family members might lead to a domestic violence arrest, and our lawyers may use social media messages, texts, phone records, emails, and other correspondence to aid your defense.

Should You Accept a Plea Rather Than Defend Assault Charges?

Soon after arrests, prosecutors might approach defendants with plea deals. Plea deals can be useful tools in avoiding egregiously long prison sentences, but they can also be unfair to defendants if not managed by our lawyers.

If you are facing charges of assault in the first or second degree in Washington, pleading to lesser charges may mean lesser consequences.

Pleading guilty to a crime you did not commit because you feel threatened or pressured by the prosecution is wrong. We can be your advocate, making sure you do not enter a plea that unfairly affects your future.

When Should You Start Building Your Defense Against Assault Charges in Washington?

If you get charged with assault in any degree in Washington, call our lawyers. We can start working on your defense immediately to give you the best chance of success at trial.

Tell us everything about the alleged altercation. Do not try to protect the other person, even if they are someone close to you. Tell us if you suffered any injuries or needed medical treatment.

Do not wait to prioritize your defense, especially if you are facing serious assault charges.

Call Our Lawyers to Get Help with Your Criminal Defense in Washington State

Call the Law Offices of Smith & White’s Washington assault defense lawyers at (253) 525-8036 for help with your case.