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assault in the fourth degree

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

Today, our law enforcement and court systems are under enormous pressure to prosecute violent crimes to the fullest extent of the law. As a result, criminal prosecutors have significant resources at their disposal.

Assault In The Fourth Degree

Assault In The Fourth Degree

So if you are arrested and charged with battery, you need to level the playing field by hiring a criminal defense attorney who can use their resources and the resources of their law firm to defend you. Please contact the Bugbee Law Firm at (509) 337-5082.

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In Washington, assault crimes are divided into four different grades or grades—first-degree assault, second-degree assault, third-degree assault, and fourth-degree assault—depending on the alleged offender's intentions, how the assault was carried out, and the nature of the assault. As a result attack.

Under RCW 9A.36.041, Level 4 assault is the most common and least serious assault charge in Washington and is an assault that does not meet the requirements for a Level 1, 2, or 3 assault. Quoting verbatim, "A person is guilty of assault in the fourth degree if he attacks another person in circumstances that would not constitute assault in the first, second, or third degree, or incarceration," as defined in RCW 9A.36.041. This basically covers any unwanted touching of another person.

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

In Washington State, Level 4 assault is also considered an act of domestic violence and is often referred to as Domestic Violence 4 Assault (or DV 4 Assault).

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He really doesn't need to be charged with 4th degree assault. All it takes is touching to be considered offensive by normal people. No proof or evidence is required that the victim was harmed.

The police have a duty to make arrests, even if there is even the shred of evidence that an attack actually happened. This usually happens when the police don't hear the other side of the story, or find no evidence other than what the alleged victim said.

Many assault allegations come up when couples are going through divorce or child custody disputes or dealing with infidelity. In these cases, one party may have an incentive to accuse the other of a physical attack to gain an advantage or to punish what they perceive to be wrongdoing, when no physical attack actually occurred.

Assault In The Fourth Degree

Level 4 assault is usually charged as a felony, punishable by up to 364 days in prison or a fine of up to $5,000, or both. You may also be ordered to take anger management or substance abuse classes, and/or complete a probationary period.

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Like Level 4 Simple Assault, DV 4 Assault is generally charged as a felony, punishable by up to 364 days in prison or a fine of up to $5,000, or both. However, due to the domestic violence element, if you are convicted of DV 4 assault, you may also lose your right to own or possess a firearm and receive a restraining order requiring you not to have contact with the victim. In addition, the court may order you to attend domestic violence counseling and pay additional fines and fees.

Anytime you are convicted of a felony in Washington State, you risk going to jail. Misdemeanors are considered misdemeanors under the law but could still face up to 364 days in prison.

While there is no mandatory minimum sentence for level 4 assault, if you are arrested for a crime, you could spend a few hours in jail before being released to await trial. Ultimately, whether or not you go to jail after being found guilty depends on many factors, including the circumstances of the crime, the severity of the crime, and your criminal history.

An experienced Washington criminal defense attorney will usually be able to negotiate probation or some other sentencing alternative instead of going to jail for a degree 4 assault.

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As mentioned above, Level 4 assault is usually charged as a felony. However, if you have been convicted of two or more domestic violence offenses within the past ten years, the offense will be charged as a Class C felony with a harsher sentence:

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

The information on this website is for general information only. Nothing on this website should be construed as legal advice for any individual case or situation. This information is not intended to be created, received or viewed nor does it create an attorney-client relationship.

Assault In The Fourth Degree

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