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 and 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 4^th-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 car jackings, stalking, domestic violence, arson, and more. 

Domestic Violence and 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.

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.

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.