fourth-degree assault

Fourth-degree Assault - The severity of an assault charge in Washington state depends on the specific nature of the assault. However, whether classified as a felony or misdemeanor, assault is always considered a violent crime in the eyes of the law.

There is great pressure these days on our law enforcement officers and court system to prosecute violent crimes to the fullest extent of the law. As a result, criminal prosecutors have a large amount of resources at their disposal.

Fourth-degree Assault

So if you are arrested and charged with assault, you need to level the playing field by hiring a criminal defense attorney who can bring their resources and the resources of their law firm to your defense. Contact Bugbee Law Office at (509) 337-5082.

What Is 4th Degree Assault? (and How Much Time You'll Spend In Jail)

In Washington, assault crimes are divided into four different classes or degrees—assault in the First Degree, Second Degree, Third Degree and Fourth Degree, depending on the intent of the alleged perpetrator, how the attack was carried out, and the results of the attack.

Under RCW 9A.36.041, assault in the 4th degree, the most common and least serious assault charge in Washington, is an assault that does not meet the requirements of assault in the First, Second or Third grade. Quoted verbatim, "a person is guilty of assault in the fourth degree if, under circumstances not amounting to assault in the first, second or third degree, or custodial assault, he assaults another" as defined in RCW 9A .36,041. It essentially covers any unwanted touching of another person.

Assault is also considered an act of domestic violence when the alleged victim is a member of the family or household or an intimate partner who has been subjected to domestic violence. People who fit this element include:

In Washington State, assault in the 4th degree which is also considered an act of domestic violence is commonly called Assault of Domestic Violence 4 (or DV Assault 4).

Th Degree Assault In Washington State

He doesn't really need to be charged with assault in the 4th degree. All that is required is that the touch is considered offensive by an ordinary person. No evidence or proof of injury to the alleged victim is required.

The police are under a mandate to make an arrest, even if there is only the slightest evidence that an attack actually took place. This often happens without the police hearing the other side of the story or without finding any evidence other than the word of the alleged victim.

Many allegations of assault arise when couples are either going through a divorce or child custody, or are dealing with infidelity issues. In these cases, one party may be motivated to accuse the other of an attack in order to gain an advantage or to punish them for the perceived violation, when in fact no attack occurred.

Assault in the 4th degree is typically charged as a felony, punishable by up to 364 days in jail or a fine of up to $5000, or both. You may also be ordered to attend anger management or substance abuse classes, and/or complete a probationary period.

Wells Road Substitute Teacher Charged With Fourth Degree Sexual Assault

Like simple assault in the 4th degree, DV 4 assault is also typically charged as an aggravated felony, punishable by up to 364 days in jail or a fine of up to $5,000, or both. However, if you are convicted of DV Assault 4 due to the domestic violence component, you may also lose the right to own or possess a firearm and be issued a restraining order requiring you to have no contact with the victim. In addition, the court may order you to attend domestic violence counseling and pay additional fines and fees.

Any time you are convicted of a felony in Washington State, there is the possibility of jail time. Felonies are considered minor offenses under the law, but still have the possibility of up to 364 days in jail.

Although there is no mandatory minimum sentence for 4th degree assault, if you are arrested for the crime, you may spend several hours in jail before being released pending trial. Ultimately, whether you are sentenced to prison after being found guilty depends on a number of factors, including the circumstances in which the crime was committed, the seriousness of the crime and your criminal history.

An experienced Washington criminal defense attorney is often able to negotiate probation or other alternatives to prison sentences for 4th degree assault.

Former Super Bowl Mvp Mark Rypien Arrested On Fourth Degree Assault Charge

As mentioned above, assault in the 4th degree is usually charged as an aggravated felony. However, the offense will be charged as a Class C felony and carry much harsher penalties if you have been convicted of two or more of these domestic violence offenses in the previous ten years:

If you have been charged with 4th degree assault in Washington state, understand that the potential penalties are significant and we strongly encourage you to contact us so we can discuss your rights and all of your options. Call the Law Office of Bugbee at (509) 337-5082, or visit our contact page to arrange a free consultation with an experienced Washington criminal defense attorney.

The information on this website is for general information purposes only. Nothing on this website should be taken as legal advice for any individual case or situation. This information is not intended to create an attorney-client relationship, and receipt or viewing does not constitute an attorney-client relationship.

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