Assault 4 / DV, Assault 2 DV
Assault in the 4th Degree with a domestic violence tag in Seattle, Bellevue and all of King County or Snohomish County means, under Washington law, that the alleged victim is a spouse, significant other, domestic partner, relative or someone you live or have lived with, even a roommate. Assault charges and DV charges, or combined Assault DV charges, are especially terrifying. Depending on your criminal history, you could face up to a year in jail and a $5,000 fine for Assault 4 DV, the most common assault charge (it’s a gross misdemeanor). That possible maximum penalty also applies to most other assaults, and also to Interference with Reporting DV, as well as to most ‘order violations’ (violations of no-contact orders, DV Protection Orders or antiharassment orders).
If you are charged with a Felony Assault or DV offense, you may face years in prison - depending upon your criminal history (especially prior felony convictions in the past 10 years), the seriousness of the assault and of the victim's injuries, whether the alleged sault involved alleged strangulation / choking, whether a weapon was used, the age or vulnerability of the victim, and whether the alleged crime was committed in the presence of children. Self-defense or defense of others, called affirmative defenses, might apply, but they only rarely succeed, especially in the absence of eyewitness or video evidence.
Assault 2 – An All Too Common Nightmare!
Assault in the second degree.
(1) A person is guilty of assault in the second degree if he or she, under circumstances not amounting to assault in the first degree:
(a) Intentionally assaults another and thereby recklessly inflicts substantial bodily harm; or
(b) Intentionally and unlawfully causes substantial bodily harm to an unborn quick child by intentionally and unlawfully inflicting any injury upon the mother of such child; or
(c) Assaults another with a deadly weapon; or
(d) With intent to inflict bodily harm, administers to or causes to be taken by another, poison or any other destructive or noxious substance; or
(e) With intent to commit a felony, assaults another; or
(f) Knowingly inflicts bodily harm which by design causes such pain or agony as to be the equivalent of that produced by torture; or
(g) Assaults another by strangulation or suffocation.
(2)(a) Except as provided in (b) of this subsection, assault in the second degree is a class B felony.
Look at our legislature’s intent as to the above assault 2 statute:
Finding—2007 c 79: "The legislature finds that assault by strangulation may result in immobilization of a victim, may cause a loss of consciousness, injury, or even death, and has been a factor in a significant number of domestic violence related assaults and fatalities. While not limited to acts of assault against an intimate partner, assault by strangulation is often knowingly inflicted upon an intimate partner with the intent to commit physical injury, or substantial or great bodily harm. Strangulation is one of the most lethal forms of domestic violence. The particular cruelty of this offense and its potential effects upon a victim both physically and psychologically, merit its categorization as a ranked felony offense under chapter 9A.36 RCW." [ 2007 c 79 § 1.]
I have had great success defending clients facing against Assault 2 charges, including Assault 2 DV (Domestic Violence), which is a ‘strike’ offense. I have gotten numerous of these serious felony charges dismissed, reduced to Assault 3, even to Assault 4 with no jail time, and some even completely dismissed. Quite often, we will need to use my private investigator to interview witnesses, police officers, the alleged victim to preserve evidence, video and audio, photos, etc. These are undeniably tough cases. You need a tough defense attorney. So, if you have been charged with any Assault 2, whether DV or non-DV, do not delay hiring an experienced Washington Assault Defense Attorney. The most important choice you will make – the most important call you will make:
Phil Weinberg, Experienced, Proven, Effective and Accessible King County and Seattle Assault and DV Defense.
Our Office is Conveniently Located in downtown Seattle only five blocks from the King County Courthouse
I have handled thousands of criminal defense cases in the past 25+ years. Your criminal defense attorney will be your best and perhaps your only friend in the courtroom. Start working with me ASAP on building your strongest defense strategies.
I will aggressively challenge the prosecution’s allegations and relentlessly obtain evidence that will help your defense. Experienced, skilled and effective in helping clients through difficult times. Do YOU need real and effective help with your Assault, DV, DUI or other Criminal Charge?
I am ready to take immediate action on your behalf!
Call today: (206) 624-1662