Facing an assault charge can feel like your entire world is on the line. You may have never been arrested before and are now left wondering how a guilty verdict could affect your career, your relationships, and your future.
Your assault defense lawyer in Bothell, WA, with Puget Law Group, is backed by a team of former prosecutors, giving us a distinct advantage in defending your case.
We understand the fear and uncertainty you may be experiencing, and we are here to help. Our goal is to protect your rights and guide you through this challenging time.
Contact your Bothell criminal defense lawyer to schedule your free consultation and learn more about the possible consequences you could be facing if you are found guilty.
Assault and Aggravated Assault Are Not the Same Offense
While assault and aggravated assault are related crimes, they differ in significant ways. Assault typically involves intentionally causing physical harm or the fear of harm to another person. Aggravated assault, on the other hand, often involves more serious factors, such as the use of a deadly weapon or causing severe injury.
Under Chapter 9A.36 RCW, these offenses are distinct charges, with aggravated assault carrying harsher penalties. The differences in intent, circumstances, and consequences make it critical to understand the specific charges you are facing. Here is more:
Assault
Assault is defined under RCW 9A.36.041, includes acts intended to harm or threaten another person physically, and is also known as simple assault. Degrees of assault include first, second, third, and fourth degree. The degree of your assault charges will determine the extent of the penalties you face.
First-degree assault involves causing great bodily harm or using a firearm or other deadly weapon. This charge is classified as a Class A felony and carries penalties of up to life imprisonment and steep fines.
Conversely, fourth-degree assault is typically a gross misdemeanor, with penalties of up to 364 days in jail and fines of up to $5,000.
Your Bothell assault defense attorney will carefully examine the details of your case, including witness accounts and evidence, to identify opportunities to challenge the charges.
We will also explain the Washington State bail bond system. This way, you have a better idea as to whether you will be released before your pending trial date.
Aggravated Assault
Aggravated assault occurs when aggravating factors are present and involve actions that go beyond the scope of simple assault. This offense typically includes the use of a deadly weapon or actions that result in significant bodily harm, such as in first-degree assault charges under RCW 9A.36.011.
Convictions for aggravated assault are often classified as felonies, with penalties that include lengthy prison sentences and substantial fines.
For example, second-degree assault under RCW 9A.36.021 may involve serious bodily harm or the use of a deadly weapon. For this reason, it is a Class B felony punishable by up to 10 years in prison and fines of up to $20,000. First-degree aggravated assault carries even stricter penalties, as it is a Class A felony with potential life imprisonment.
For a free legal consultation with a assault lawyer serving Bothell, call 253-627-4696
Ways to Challenge Assault Allegations
When facing assault charges, the prosecution must prove your guilt beyond a reasonable doubt, according to the standards outlined by Washington state law.
This means they must present clear, credible evidence that establishes every element of the offense. However, several potential defenses can help you learn how to prepare for a criminal trial and challenge the charges against you.
Stipulated Order of Continuance (SOC)
A Stipulated Order of Continuance (SOC) allows defendants to agree to certain conditions in exchange for a dismissal of their charges after successful completion.
This option is often used in cases involving first-time offenders or less severe offenses. If you fulfill all the conditions outlined in the SOC, the charges against you may be dismissed.
Plea Agreements
Plea agreements offer a way to resolve assault charges without going to trial. This involves negotiating with the prosecution to plead guilty to a lesser charge or agree to reduced penalties.
Plea agreements can be beneficial if the evidence against you is strong or if avoiding the uncertainty of a trial is in your best interests.
Defenses at Trial
When your case proceeds to trial, your defense strategy will focus on challenging the prosecution’s evidence and presenting your side of the story.
The goal is to cast doubt on the prosecution’s ability to meet the burden of proof beyond a reasonable doubt. Below are some of the most common defenses used in assault and aggravated assault cases:
- Self-defense
- Defense of others
- Lack of intent
Vacating an Assault Conviction in Washington State
If you were convicted of assault, you may be eligible to have your conviction vacated under Washington state law. Vacating a conviction removes it from your public criminal record, providing a clean slate for future opportunities.
Unlike expungement, which deletes a record, vacating a conviction acknowledges the offense while granting you a fresh start.
Requirements for Vacating a Conviction
To vacate an assault conviction, you must meet specific eligibility requirements under RCW 9.94A.640. First, a designated amount of time must pass since the completion of your sentence, including any probation or parole requirements.
For misdemeanor assault convictions, this period is typically three years, while felony convictions often require a longer waiting period.
Bothell Assault Lawyer Near Me 253-627-4696
Meet with a Highly Experienced Assault Defense Lawyer in Bothell, WA, to Protect Yourself Today
If you were charged with assault, the impact on your life can be devastating. You may be concerned about your ability to avoid a conviction and return home to your family. Our assault defense attorney in Bothell, WA, from Puget Law Group, is here to help you fight for your future.
Our team brings unmatched experience to your defense. We will examine the details of your case to identify weaknesses in the prosecution’s evidence and build a strong defense strategy. Fill out our secured contact form or call us to schedule your confidential consultation as soon as today.
Click to contact our Bothell Criminal Defense Lawyers today 253-627-4696