DV assault charges are extremely common in Washington State, due to laws that require very little evidence for an arrest to be made. False or exaggerated statements are often made to the police after a heated domestic dispute.
Are there Mandatory Arrest Laws for DV?
Mandatory arrest laws require probable cause that a domestic violence crime occurred within the last four hours. Probable cause is a very low standard of evidence that can be met by an accusation from the alleged victim.
In Seattle, Bellevue, and other jurisdictions in Western Washington, law enforcement will almost always err on the side of making an arrest for DV assault, even when there are contradictions with witness and victim statements.
What is 4th Degree DV Assault?
Domestic Violence Assault in the 4th degree charges are filed when there are allegations of a minor injury or no injury at all. For example, an allegation of unwanted touching would be enough contact for an arrest.
WA State law also does not require intent to create an injury. The law simply states that the contact should be considered offensive by a “reasonable person.” The reasonable person test is open to interpretation and is one factor that can be used as part of a comprehensive defense strategy by a domestic violence attorney.
What are DV Assault 4 Penalties?
DV Assault 4 is a gross misdemeanor in WA State and a conviction can result in up to 364 days of jail time, loss of gun rights, and a $5000 fine. Substance abuse treatment, community service, home detention, and anger management classes can also be court ordered.
What is 2nd Degree DV Assault?
Domestic Violence Assault in the 2nd degree is a serious felony in Washington State. This charge is normally filed when a serious but non-permanent injury occurs. If the alleged victim has a fractured bone or there is evidence that a weapon was involved, the State will likely pursue felony assault charges.
If there are accusations of choking, no visible injury needs to occur as choking is a felony offense. This is a common charge as law enforcement is trained to ask if hands were ever in the throat area during the altercation. This type of police prompting can encourage the alleged victim to make a false or misleading statement.
DV Assault 2 is a Class B felony and a strike offense (a third strike is life in prison) and is punishable by up to 10 years in prison, loss of gun rights, and a $20,000 fine.
What if I Acted in Self Defense?
In Washington State, you can use reasonable and necessary force to defend yourself, another person, or your property from harm. In some cases, self-defense can be a reasonable and very effective defense. In other situations, a lack of physical evidence or witnesses will work in your favor.
What if I Admitted Guilt to the Police?
If you admitted to a crime, there is still a good opportunity for a positive result to be negotiated. An important part of our job is to demonstrate to the court that your positive value to the community and history of law-abiding behavior outweighs a momentary lapse in judgement.
Regardless of the circumstances, you deserve the best possible defense. We will communicate your side of the story in the best light, so the focus can be taken off what may have been your worst moment.
What Happens on the First Court Date?
At arraignment (the first court appearance), a judge will usually issue a No Contact Order and require the defendant to surrender any firearms as conditions for release. If the defendant has a violent criminal history, a bail amount and electronic home monitoring (house arrest) are much more likely to be ordered. At this hearing you will be entering your plea and a domestic violence lawyer should be representing you.
How can I beat a Domestic Violence Charge?
It is rare to find a domestic violence police report that does not contain questionable information. In addition, we do our own private investigation on every criminal case to uncover information that is helpful to your defense. If this is the first time you have been charged with a crime or physical altercation, this can be very helpful during negotiations.
At Beckwith DV Law, we can often get cases dismissed or charges significantly reduced (over 95% of the time), by convincing the prosecutor that there is not enough evidence for a conviction. If we need to go to trial we will, although we can normally negotiate favorable outcomes that avoid the risk and uncertainty of a jury trial.
We fight criminal accusations in Seattle, Bellevue, Everett, Kent, Tacoma, Olympia & other courtrooms throughout King, Snohomish, Pierce, Thurston & Kitsap County.
You can call us any day of the week (including after-hours) for a free consultation.