Assault & Violent Charges
SPOKANE ASSAULT LAWYERS
Defending Against Violent Crime Charges in Washington
Defendants in assault and violent crime cases face the possibility of prison time. Even “minor” charges may result in fines and a record that can negatively impact one’s search for a job or a place to live. That’s to say nothing of what the charges can do to one’s reputation. Legal representation that is experienced, knows the law, and understands the system, may make a big difference in how a defendant’s future shakes out.
Over three generations, going back to 1980, Maxey Law Office PLLC has sought to deliver integrity, equality, and justice to all of our clients. Our Spokane assault defense lawyers pride themselves on both hard work and a strong personal connection to those who represent. We serve people throughout Spokane County, and into Stevens, Lincoln & Grant counties.
Facing assault charges? Don’t navigate this alone. Call (509) 652-3330 now or contact us online for a free consultation.
Types of Assault Charges & Violent Crimes in Washington
The phrase assault and battery is commonly used in describing these cases, but it’s important to know from a legal perspective that these are two separate acts. To be charged with assault, the defendant must merely be alleged to have threatened the victim, in either word or deed. Battery refers to the physical striking of another person. Battery is often preceded by assault, which is why the offenses are often linked together.
Assault can also stand on its own. This is referred to as simple assault, and it may be punishable as a 4th-degree misdemeanor in the state of Washington. But be aware that even this comparatively low-level misdemeanor charge can result in a $5,000 fine and close to a year in prison if convicted.
When battery is involved, the act then becomes a violent crime and felony charges are at the prosecutor’s disposal. Every case is different, and the degree of felony will be determined by the specific circumstances of the case. But even Class C felonies—the lowest level—can result in a 5-year jail term. If a defendant is convicted on Class A felony charges, life behind bars is possible.
Common Types of Violent Crimes
Furthermore, violent crimes are certainly not limited to assault and battery cases. Common examples of violent crime include carjacking, stalking, domestic violence, arson, and more.
Domestic Violence & Assault
Assault charges in domestic violence cases can have serious legal and personal consequences. In Washington, domestic violence includes physical harm, threats, stalking, and emotional abuse between family members, spouses, or people in close relationships.
- Protective Orders: A domestic violence charge can result in a protective order (restraining order), which may prevent the accused from contacting the alleged victim or even returning home. Violating a protective order can lead to additional charges.
- Impact on Child Custody: A domestic violence conviction can affect parental rights, making it harder to obtain custody or visitation.
- Defending Against False Accusations: Unfortunately, false accusations happen, often in heated divorce or custody battles. Evidence such as witness statements, text messages, or security footage can help challenge these claims.
Given the high stakes of domestic violence allegations, quick action is crucial. Our assault lawyers in Spokane guide clients through each step, from securing evidence to engaging with social services when necessary. This comprehensive support system ensures every aspect of the defense is addressed, providing a solid foundation in court. Additionally, while the emotional toll can be challenging, having legal guidance can alleviate some of the stress, allowing clients to focus on personal recovery parallel to legal proceedings.
Aggravating Factors in Violent Crime Cases
Certain factors can elevate an assault charge, leading to harsher penalties.
- Use of Weapons: Assault with a deadly weapon, such as a gun or knife, can turn a misdemeanor into a felony, increasing prison time.
- Assault on Law Enforcement: Assaulting a police officer, firefighter, or public official leads to enhanced charges and stricter sentencing.
- Prior Criminal History: Repeat offenders face tougher penalties. A second or third violent crime conviction could result in longer jail time and higher fines.
Each element of an assault charge is meticulously assessed to discern aggravating factors. For instance, using weapons in densely populated Spokane areas where public safety is a prime concern tends to result in elevated charges. Thus, understanding community perspectives on safety can be pivotal in negotiations or court presentations.
Assault & Self-Defense Laws in Washington
Washington law allows people to defend themselves in certain situations, but proving self-defense in court can be complex.
- When Self-Defense is Justified: Self-defense is legal if the accused believed they were in immediate danger of harm and used reasonable force to protect themselves.
- Proving Reasonable Force: The amount of force used must match the level of threat. For example, using a weapon against an unarmed person may be considered excessive force.
- Stand Your Ground vs. Duty to Retreat: Washington does not have a "Stand Your Ground" law, but it allows self-defense without a duty to retreat if the person is lawfully present when attacked.
Understanding these legal aspects is crucial when facing assault or domestic violence charges. Seeking skilled legal representation can help protect your rights and build a strong defense.
Legal Nuances in Spokane's Court System
Spokane's court system is known for its thorough review processes, requiring detailed case presentations. Understanding how local courts interpret state laws is vital for crafting a strong defense. Our team of assault attorneys in Spokane at Maxey Law Office stays abreast of local judicial trends and maintains rapport with key legal personnel, facilitating smoother case navigation and more responsive legal strategies.
The complexity of Spokane's legal proceedings necessitates a comprehensive approach to defense preparation. This includes engaging with Spokane's community programs that may offer rehabilitation instead of incarceration, depending on the specifics of the case. Highlighting our deep connections within the local legal circle, we ensure our clients' stories are effectively communicated, aiming for leniency and alternative sentencing where possible.
Defenses Against Assault & Violent Crime Charges With Our Assault Attorneys in Spokane
The wide range of possible offenses that can be classified under assault or violent crime mean that our lawyers would need to hear the specific circumstances of each client’s case. Generally speaking, assault charges might have been a misunderstanding—what one person interpreted as a threat, wasn’t intended as such. Self-defense in battery cases is a viable legal strategy.
Regardless of the crime, an experienced attorney always knows that the basic premises of American jurisprudence are with the defense—that of presumed innocence and reasonable doubt. It’s the prosecution’s job to prove guilt, not the defense’s responsibility to prove innocence. Guilt must be proven in a way so compelling that a unanimous vote of 12 jurors must conclude there is no other plausible explanation for the crime. Well-prepared defense counsel that has thoroughly investigated a case can challenge the prosecution and provide alternative plausible explanations to the jury aimed at raising reasonable doubt.
Protect your rights today! Our experienced assault attorneys in Spokane are ready to fight for you. Call (509) 652-3330 or contact us now.
Frequently Asked Questions
Can an Assault Charge Be Dropped if The Victim Doesn’t Want to Press Charges?
Not necessarily. In Washington, the decision to proceed with an assault case lies with the prosecutor, not the victim. Even if the victim refuses to testify or wants to drop the charges, the state may continue the case using other evidence.
What’s The Difference Between First-Degree And Second-Degree Assault?
First-degree assault is the most serious and usually involves a deadly weapon or intent to cause severe harm. Second-degree assault is still a felony, but may involve less severe injuries or the use of force without a weapon.
Will an Assault Conviction Stay on My Record Forever?
Assault convictions, especially felonies, can remain on your record permanently. However, some lower-level assault charges may be eligible for expungement or vacation after a certain period if the person meets specific legal requirements.
Can I be Charged With Assault if I was Defending Someone Else?
Yes, but Washington law allows for "defense of others" as a legal justification. If you can prove that you were protecting another person from harm and used reasonable force, it could be a valid defense.
What Should I Do if I’ve Been Accused of Assault?
Avoid speaking to law enforcement without an attorney, gather any evidence or witness statements that could support your case, and contact a skilled criminal defense lawyer as soon as possible.
How Do Spokane Courts Handle Domestic Violence Cases?
In Spokane, domestic violence cases are handled with particular attention due to their sensitive nature. The local courts often work in conjunction with victim advocacy groups and social services to ensure both protection and fairness during the proceedings. Understanding the local policies that govern these cases underscores the need for experienced defense counsel familiar with Spokane's judicial processes, allowing for strategic case management and effective advocacy.
What Unique Defenses Might Be Used in Spokane Cases?
Given Spokane's specific legal environment, unique defenses may involve leveraging local ordinances or community perspectives. For instance, if a case involves charges stemming from cultural misunderstandings indigenous to the area, understanding those nuances can be pivotal. Our role is to bridge these gaps within the court, utilizing extensive local experience to inform the case's narrative and strengthen its defense.
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Spokane Assault Lawyers You Can Rely On
Maxey Law Office PLLC has built a reputation in the community over these last 40-plus years for reliability and integrity. Our clients know that when they come to us, their future or that of their loved ones, hanging in the balance, that we’ll do everything in our power to fight for a good outcome. Good lawyers know they can’t promise results. But good lawyers who have been through the fight so many times before know exactly what must be done to give their client a real chance.
Call Maxey Law Office today at (509) 652-3330 or contact us online. Serving Spokane, Steven, Lincoln & Grant counties.
