Assault In 4th Degree - The severity of an assault charge in Washington State depends on the specific nature of the assault. But regardless of whether an assault is classified as a misdemeanor or a felony, it is still considered a violent crime in the eyes of the law.
There is currently a lot of pressure on our law enforcement agencies and court system to prosecute violent crimes to the fullest extent of the law. Therefore, criminal prosecutors have a large amount of resources at their disposal.
Assault In 4th Degree
Therefore, if you are arrested and accused of assault, you need to level the playing field by hiring a criminal defense attorney who can use his resources and the resources of his law firm to defend you. Contact the Bugbee Law Office at (509) 337-5082.
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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 accused offender, the manner in which the The assault was made, and the results of the assault.
According to RCW 9A.36.041, 4th degree assault, the most common and least serious assault charge in Washington, is an assault that does not meet the requirements for first, second or third degree assault. Literally quoted “a person is guilty of fourth degree assault if, under circumstances other than first, second or third degree assault, or custodial assault, he assaults another” as defined in RCW 9A.36.041. Basically, this covers any unwanted touching from another person.
Assault will also be considered an act of domestic violence if the alleged victim is a family member or a family member or intimate partner who has been a victim of domestic violence. People who fit this element include:
In Washington State, assault of the 4th degree, which is also considered an act of domestic violence, is commonly called DV assault 4 (or DV assault 4).
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It doesn't take long to get charged with 4th degree assault. All that is required is that the touch be found offensive by the average person. No evidence or proof of injury to the alleged victim is required.
The police have a warrant to make arrests 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 finding evidence other than the alleged victim's word.
Many assault charges arise when couples go through a divorce or child custody dispute or deal with infidelity issues. In these cases, one party may be motivated to accuse the other of assault to gain an advantage or to punish the perception of aggression when in reality no assault has occurred.
Assault in the 4th degree is generally charged as a gross misdemeanor, punishable by up to 364 days in jail or a fine of up to $5,000, or both. You may also be ordered to attend anger management or substance abuse classes and/or be placed on probation.
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Like simple assault in the 4th degree, DV 4 assault is generally charged as a gross misdemeanor punishable by up to 364 days in jail or a fine of up to $5,000, or both. Because of the domestic violence component, however, in case of conviction for assault DV no. 4 you may also lose your right to own or possess a firearm and may be issued with a restraining order requiring you to have no contact with the victim. Additionally, the court may order you to attend domestic violence counseling and pay additional fines and fees.
Any time you are convicted of a crime in Washington State, there is the possibility of prison. Under the law, the offenses are considered minor offenses but carry 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 on conviction will depend on many factors, including the circumstances in which the offense was committed, the seriousness of the offense and your criminal history.
An experienced Washington criminal defense attorney is often able to negotiate probation or other sentencing alternatives to prison for 4th degree assault.
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As mentioned above, 4th degree assault is usually charged as a felony. However, the offense will be charged as a Class C felony and carries much more severe penalties if you have been convicted of two or more of the following domestic violence offenses within the previous ten years:
If you have been charged with 4th Degree Assault in Washington State, please understand that the potential penalties are significant and we strongly encourage you to contact us to discuss your rights and all of your options. Call the Bugbee Law Office at (509) 337-5082 or visit our contact page to schedule a free consultation with an experienced Washington defense attorney.
The information on this website is for general information purposes only. Nothing on this site should be considered legal advice for any individual case or situation. This information is not intended to create an attorney-client relationship, and its receipt or display will not constitute an attorney-client relationship. Assault is defined as intentionally or recklessly harming an individual and is charged as common assault, ABH or GBH depending on the severity. This will depend on many specifics, such as the motivating factors and the level of injury - ordinary assault tends to cause minor injuries or discomfort to pass, while GBH is seriously detrimental to long-term health. The maximum penalty for ABH is three years in prison, while the maximum penalty for GBH can be life imprisonment.
Assault is a complex area of the law. Nick Titchener, solicitor at Lawtons, breaks down the categories into which an offense can fall. Every assault case is different and the outcome depends on many factors, including:
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It is up to the police and a team of prosecutors to interpret the details and initially assess the seriousness of the case and what kind of attack can be made. The level of harm caused is the main difference in determining at what level the offense can be charged.
Intentionally or recklessly harming another person is the general definition of assault in the UK. Assaults are usually called crimes against the person. Harm includes physical and psychological harm, which includes fear for safety.
Different types of assault - such as GBH, ABH , common assault or assault - are each associated with a different severity, with different degrees of injury.
Causing serious bodily harm to another person is the most serious form of assault. The offense of GBH can be committed in two ways:
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GBH, whether in contravention of S.18 or S.20 of the OAPA, is the most serious because in most cases, the GBH victim will be left with serious, sometimes life-changing, injuries. They may also be left with long-lasting wounds or scars.
If there is violence with a weapon or the equivalent of a weapon, then the act is likely to be classed as grievous bodily harm with intent (section 18).
Weapon equivalents are objects, objects or body parts that are not weapons in themselves, but can be weapons if they are used intentionally, such as:
GBH can be inflicted with a single punch or blow, but the more sustained, ferocious or prolonged the incident, the more likely the consequences were intended.
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Using a weapon can also change the dynamics of the case. For example, if the accused punched the victim once in the face, resulting in a fractured eye, it could be concluded that the serious injury was not intentional. On the other hand, if a powder was used, the fracture of the eye would be more likely to be considered intentional.
Generally, the penalties for GBH are the most severe of all assault charges. As the most serious form of attack, this is reflected in the consequences. Depending on the factors of the case and the level of damage caused, the starting points for the penalty can vary from 3 years to 16 years in prison.
Whether the offense of GBH was committed negligently or intentionally is a primary factor in determining the appropriate range of punishment.
Along with other factors, such as the degree of harm, the court will consider a number of options and determine if rehabilitative, non-custodial alternatives are appropriate compared to immediate custody.
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If the facts of the case indicate a lesser degree of guilt, such as the use of a punch, then the consequence can be as low as a community order.
If the injuries are sustained by the attack but do not cause serious injury,
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