When confrontation turns violent, assault charges can be filed against those who initiate or participate in the offense. You can be charged with assault if you are accused of causing any type of unwanted or offensive physical harm to another. This does not mean the alleged victim must have attack marks or suffer serious injuries as long as the actions in question were considered offensive by the alleged victim.
Assault charges carry severe criminal penalties if convicted. When you need a highly skilled Redmond assault defense lawyer on your side, turn to our nine former prosecutors at Puget Law Group. Your diligent Redmond criminal defense lawyer can help you understand the possible consequences you could be facing, the strength of the district attorney’s case against you, and your potential defense options when you contact us for a free consultation.
Assault Charges in Redmond, WA Are Serious
Assault is one of the more serious types of crimes you can be accused of committing. Your Redmond assault defense attorney with Puget Law Group will need to review the circumstances of your case to determine which level of assault charges you could be facing and work with while you are preparing for a criminal trial. There are four primary types of assault charges under the Revised Code of Washington (RCW), including:
- Fourth-degree assault – Fourth-degree assault is the only type of assault that is not a felony. It is a gross misdemeanor, punishable by fines of up to $5,000 and as much as one year in jail.
- Third-degree assault – Typically, third-degree assault is considered a class C felony. If convicted, you could be fined up to $10,000 and spend as much as five years in prison.
- Second-degree assault – Generally, second-degree assault is a class B felony, punishable by fines of up to $20,000 and as much as 10 years in a Washington state prison per RCW §9A.36.021. However, second-degree can be elevated to a class A felony if the defendant had sexual intent.
- First-degree assault – Also commonly known as aggravated assault, first-degree assault is a class A felony due to the intent to cause severe bodily injury and the existence of catastrophic injuries. If convicted, you could spend life in prison and be required to pay fines of up to $50,000 per RCW §9A.36.011.
You will also need to worry about collateral consequences. Even after you complete your sentence, being labeled a convict could adversely impact your ability to put this experience behind you. For this reason, you must do everything in your power to clear your name.
For a free legal consultation with a assault lawyer serving Redmond, call 253-627-4696
Redmond Assault Defense FAQ
Which Defenses Are Best in an Assault Case?
Sometimes, working out a plea agreement with the prosecutor is a better option than taking your chances at trial. You also may be asking yourself whether you should hire a criminal defense lawyer if you are not guilty, which can help in many ways beyond just representing you in court, which can depend on several factors, including your criminal history and whether the alleged victim was seriously injured. However, if the district attorney does not offer a plea or you are determined to clear your name at trial, several potential defenses could be used, such as:
- The alleged victim consented to the actions in question
- Lack of intent to cause harm or be offensive
- Mistaken identity
- Defense of others
- Self-defense
- Being forced to commit assault due to the threat or use of force
- Acting out of necessity
- Defense of property
How Long Does the State Have to File Charges?
Per RCW §9A.04.080, the prosecutor must file assault charges against you before the statute of limitations expires. Generally, the district attorney will have up to two years from the date of the alleged crime to file charges against you. However, this is specific to simple assault charges.
If you are facing felony assault charges, the statute of limitations may be as long as three years from the incident date. Individuals accused of sexual assault may face charges as long as three years from the date the alleged assault was discovered or from the date of the alleged incident. If a child was sexually assaulted, the statute of limitations will not start counting down until the alleged victim reaches the age of 18 and expires three years later.
Can Assault Ever Be Expunged?
Yes, there are some instances in which assault can be expunged from your criminal record. If you are convicted of a misdemeanor assault charge, you may qualify for expunction, but there will be a three-year waiting period. The waiting period will start counting down from the day you complete the terms of your sentence.
You may also be eligible for expungement if you were convicted of second or third-degree assault. For individuals convicted of second-degree assault, expungement is only an option if there was no sexual motivation enhancement or the use of a deadly weapon or firearm per RCW §9.94A.640. If you were convicted of third-degree assault, you may be eligible for expungement as long as the assault was not committed against a peace or law enforcement officer.
Can Assault Qualify for Pretrial Diversion?
Assault may be considered a violent crime, depending on the circumstances of your case. Pretrial diversion is generally only available to individuals who are accused of committing nonviolent crimes as first-time offenders. However, by working with the district attorney, your Redmond violent crimes lawyer may be able to convince the prosecutor to plead you down to a lesser offense which would allow you to enter pretrial diversion under RCW §69.50.4017.
If you enter pretrial diversion, there will be many requirements you should be prepared to meet. You could be required to complete random drug screenings, find employment, attend school, abide by a curfew, and attend regular meetings with a probation officer. Failure to follow the terms of your pretrial diversion program would likely mean the prosecutor would move forward with your assault charges in court.
What Happens if I Get Probation?
Probation is similar to pretrial diversion in several ways. If you are placed on probation, there are many requirements you must follow. However, if you violate the terms of your probation, you could face a probation violation under RCW §72.04A.090.
Violating your probation is a crime. You could be re-arrested and forced to spend time in jail or prison. You could also be ordered to complete community service and pay additional court fines.
Meet with a Leading Assault Defense Lawyer in Redmond, WA for Help Today
If convicted of assault, your entire life could be changed. Whether this is your first offense or you are considered a career criminal under the law, it is more important than ever for you to safeguard your future. Do not let your opportunities be taken away by all allegations against you when an assault defense lawyer in Redmond can help you.
Fight for your freedom and the justice you deserve. Turn to a respected assault defense attorney in Redmond, WA from Puget Law Group to build the strongest defense strategy possible based on the circumstances of your case. Learn more about how the criminal justice system works and the possible outcomes you could be facing when you contact our office to schedule a confidential consultation.
Click to contact our Redmond Criminal Defense Lawyers today 253-627-4696