Assault is generally defined as an attempted battery on a person, which is the unauthorized application of force against or the offensive touching of a victim. With a fourth-degree assault charge, you could receive a punishment of up to 364 days in jail. RCW 9A.36.031 It is punishable by up to 5 years in prison and a $10,000 fine. If there is a finding of guilty, the judge will impose criminal penalties that often times involve jail time, fines, and probation requirements. The penalties for assault include both lengthy prison sentences and heavy fines. Assault in the fourth degree. -A DV specification on an Assault 4 charge is likely to come with enhanced penalties. Prosecution and Sentencing Assault in the 4th Degree is typically charged as a gross-misdemeanor, punishable by up to 364 days in jail or a fine of up to $5000, or both. DV Assault 4 is a gross misdemeanor and a conviction can result in up to 364 days of jail time, loss of gun rights, and a $5000 fine. Like all other crimes of DV, a conviction for Assault 4 will carry certain mandatory consequences that would include treatment and a loss of other certain civil liberties. In addition, a DV Assault 4 conviction may lead to a loss of rights to possess firearms. RCW 9A.36.041 It is punishable by a maximum of 364 days in jail and a $5,000 fine. In terms of seriousness, misdemeanors are the least severe kinds of domestic violence crimes. You will lose the right to possess a firearm and the police officers may issue a no-contact order, prohibiting you from interacting with the victim. It's impossible to say what your boyfriend will actually receive. (2) Assault in the fourth degree is a gross misdemeanor, except as provided in subsection (3) of this section. There are no minimum jail or fine penalties. Mobile/Text: (425) 367-1122. Call Attorney Phil Weinberg when you need real help. Sexual Motivation Enhancement 127 reviews Avvo Rating: 9.0 Domestic Violence Lawyer in Portland, OR (Licensed in WA) Reveal number Private message Posted on Oct 12, 2011 Assault 4 is a gross misdemeanor, which means the maximum penalty on a guilty finding is a year in jail and a $5,000 fine. 4th degree assault is widely defined and any intentional unwanted touching (or unwanted physical contact that is attempted but missed) can meet the The court may also order a . The court may select sentencing option A, B, C, or D. NOTE: References in the grid to days or weeks mean periods of confinement. Malicious mischief in the 3rd degree with a domestic violence allegation is the most . (1) The vertical axis of the grid is the current offense category. In Washington State, assault in the fourth degree is defined as any type of assault that does not rise to the level of first, second, or third degree assault. There are also collateral consequences that would apply to both a DV related conviction and a felony conviction. This schedule must be used for juvenile offenders. Bellevue Office: 40 Lake Bellevue Drive. There is a standard or presumptive sentencing range that is dependent upon the criminal history of the accused. Penalties also increase if the assault was done in connection with domestic violence or takes place against a child. Domestic Violence Misdemeanors. Like Assault 4 (non-DV), DV Assault 4 is a Gross Misdemeanor and a conviction can result in up to 364 days of jail time and a $5,000 fine. Substance abuse treatment, community service, home detention, and anger management classes can also be court ordered. Bellevue, WA 98005. You may also be ordered to attend anger management or substance abuse classes, and/or to complete a period of probation. Assault 2 Domestic Violence is a Class B felony, which carries a maximum sentence of 10 years in prison and a maximum fine of $20,000. The attacker must have less than two prior adult convictions in the previous 10 years to be charged with Assault 4 [7]. An assault in the second degree DV also counts as a strike under Washington's persistent offender law, otherwise known as the Three Strikes Law. 2nd Degree Domestic Assault (1) 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 or she assaults another. it is a gross misdemeanor that is punishable by up to 364 days in jail and a $5,000 fine, with no mandatory minimum jail time (unless there is a special designation such as domestic violence ). Assault 4th Degree (Assault 4), is a gross misdemeanor. In addition, you may also have to pay a hefty fine up to $5,000. Assault 4 can also encompass some harassment charges. Suite 100-B. In domestic violence cases, the attacker can be charged with Assault 4 if the violence is proven and the attacker pleads guilty. A third strike in the State of Washington results in life in prison. If you need help with an Assault / Domestic Violence or other criminal charge anywhere in King County or Snohomish County. "LS" means "local sanctions" as defined in RCW 13.40.020. For example, a conviction for Assault 1 is punishable by a maximum sentence of life in prison and a $50,000 fine. If you are charged with a misdemeanor, then you can be punished with a fine of up to $1,000, up to 90 days in jail, or even both. Phone: Office: (425) 806-7200. Message Us Name* Email* Phone Message* SEND This field should be left blank Beckwith DV Law 101 Yesler Way, Suite 603 Seattle, WA 98104 Phone: (206) 855-3964 Common Cases Domestic Assault
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