University Place Assault Defense Lawyer

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Assault charges may have a huge impact on the rest of your life. Many assault cases involve serious felony charges, and you might be facing lengthy incarceration and a lifetime of social stigma. If you were recently arrested, call an attorney for legal help immediately.

Assault charges can vary greatly, with less serious cases being charged as misdemeanors and more severe cases as felonies. As such, potential penalties may also range, and serious prison time is a real possibility. You might feel overwhelmed, but you still have the right to defend yourself. Depending on the facts of the case, we might argue that you lacked the necessary criminal intent or that the alleged victim’s injuries are not as severe as they claim. We might instead work out a plea deal with prosecutors to help you avoid the harshest penalties.

Obtain a private, free case review by calling our assault defense lawyers with the Law Offices of Smith & White at (253) 525-8036.

How Assault is Charged

Most people probably have some idea of what constitutes assault, but criminal charges for assault may be more complicated than you realize. In Washington, assault may be charged in the first, second, third, or fourth degree, depending on the circumstances.

Assault in the First Degree

A defendant may be convicted of assault in the first degree if prosecutors can prove that they intentionally assaulted someone with a gun, deadly weapon, or another means of force likely to result in great bodily harm or death.

You may also be convicted if you are found to have transmitted HIV to a child or vulnerable adult or cause someone else to consume a poisonous, destructive, or noxious substance.

Assault in the first degree is a Class A felony punishable by a prison sentence for life, a $50,000 fine, or both.

Assault in the Second Degree

Assault in the second degree may be charged under the following conditions:

Under conditions not amounting to assault in the first degree, you are believed to have intentionally assaulted someone, recklessly causing substantial bodily harm.
You intentionally and illegally caused substantial bodily harm to an unborn child by intentionally inflicting harm on the mother.
You are believed to have assaulted someone with a deadly weapon.
You cause someone to take a poisonous substance.
You assault someone with the intent to commit another felony.
You cause bodily harm so painful it equates to torture.
You assault someone by strangulation or suffocation.

Assault in the second degree may be charged as a Class B felony punishable by up to 10 years in prison, a $20,000 fine, or both.

Assault in the Third Degree

Assault in the third degree may be charged under circumstances not amounting to assault in the first or second degree and may involve a litany of factors and circumstances. For example, assaulting a transit operator, school bus driver, firefighter, peace officer, nurse, or physician may lead to charges of assault in the third degree.

You may also be charged if the assault involves criminal negligence or substantial bodily pain.

Such offenses may be charged as a Class C felony and met with a prison term of up to 5 years, a $10,000 fine, or both.

Assault in the Fourth Degree

Assault in the fourth-degree acts as a catch-all charge that covers assault offenses that do not fit charges for the first, second, or third degree. It may be charged as a gross misdemeanor, punishable with a jail term of up to 364 days, a $5,000 fine, or both.

How to Fight Assault Charges in University Place

How our assault defense lawyers fight your charges ultimately depends on the specific facts of your case. Below are some common defense strategies that we may consider using.

Challenging the Criminal Intent

A significant element of assault is the defendant’s intent. While some forms of assault require an intent to cause harm, others might require reckless or negligent intent. The prosecutor might argue that you intended to hurt the victim, but this might not be true.

If you did not intend to hurt anyone and the assault was due to an accident, we might argue that the charges should be reduced.

Challenging the Injuries

Another important factor in assault charges is the victim’s injuries. When great bodily harm is involved, the charges tend to be more severe. The victim might claim that their injuries are quite serious, but if you might have reason to believe otherwise.

Prosecutors will likely have to present medical records as evidence of the victim’s injuries. If they do, we must have access to these records as part of the discovery process. We might find information that contradicts the prosecutor’s claims that the victim suffered great bodily harm.

Negotiating a Plea Deal

Sometimes, fighting the charges in the hope of a not-guilty verdict is not possible. However, this does not mean we should give up and accept the charges and penalties. We might be able to negotiate a plea agreement with prosecutors.

The prosecutor might agree to reduce your charges to a lesser offense with a more lenient punishment in exchange for a guilty plea. While this is not exactly ideal, it might help you avoid the harshest penalties possible in your case.

What You Should Do if You Are Arrested for Assault in University Place

If you are arrested for assault, it is important to know your rights and take steps to protect yourself.

First, you have a right to have a lawyer present during questioning from the police. Second, you do not have to answer police questions and may remain silent if you wish. Invoke these rights immediately.

If you choose to answer questions, do not do so until your lawyer is with you. If you answer questions without a lawyer present, talk to your attorney about everything that was said.

You should begin preparing for your first court appearance after you are arrested. One of the first hearings is an arraignment, where you will be formally notified of the charges and be allowed to enter a plea. This is often a relatively quick but crucial hearing, and your attorney may want to strategize with you beforehand.

Get Help Today From Our University Place Assault Defense Attorneys

Obtain a private, free case review by calling our assault defense lawyers with the Law Offices of Smith & White at (253) 525-8036.