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Bellevue Assault Attorneys
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Effective Washington State Criminal Defense
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- All Bellevue Municipal Court cases handled.
- All Bellevue District Court cases handled.
Assault
Washington state's assault statutes, unlike nearly every other offense, does not actually define what assault is. For example, our statute say "assaults another with intent to cause bodily harm." But, what does "assault another" really mean? Instead of defining the term itself, our courts developed a definition over the years through the cases that have gone to trial, and we use that definition going forward. So, before we get to the different classes of assault, we need to understand how our courts define assault.
There are essentially three different ways a defendant's conduct could be considered "assaultive": (1) battery; (2) attempted battery; and (3) creating an apprehension of bodily harm.
A battery occurs where, there is actual physical contact that is either harmful or offensive, if it was neither legally consented to nor otherwise privileged. The person's conduct could be considered a battery if they intended a person harm, but exactly how the person became injured was different than intended. In other words, if you intended to hurt someone, but how they got injured was unintentional, your conduct could still be considered a battery.
For example, a person can be convicted of an assaultif he or she shoots at someone, misses, hits a window, and the broken glass from the window strikes the victim. What's even more surprising is, under this last example, if the person hit with the broken glass is a different person, a person can still be convicted because they intended that someone be hit.
An attempted battery occurs where someone unlawfully attempts to inflict bodily injury on another, AND they have the ability to do so if they are not prevented from actually contacting that person. Essentially, with attempt-type offenses, our courts have determined that even though the person didn’t carry out the battery, the intent to do so was egregious enough to criminalize the conduct.
The last category of battery requires that the alleged victim be in fear of actually getting contacted, and the defendant must intend to create the fear, or as you will frequently hear: "apprehension." With that background, below will be an explanation of each degree of assault in Washington state.
Like many other offenses, the crime of "assault" is actually divided into four distinct categories based on the severity of the alleged offender's conduct. Assault in the 1st degree is the most severe, and Assault in the 4th degree is the least severe. The chart below provides a brief overview of the differences between the categories that will be discussed in more detail.
| Assault 1st Degree | Assault 2nd Degree | Assault 3rd Degree | Assault 4th Degree | |
| RCW | 9A.36.011 | 9A.36.021 | 9A.36.041 | |
| Classification | Class C Felony | |||
| Maximum Statutory Penalties | Life imprisonment; $50,000 fine; or BOTH | 10 years in prison; $20,000 fine; or BOTH | 5 years in prison; $10,000 fine; or BOTH | 364 days in jail; $5,000 fine |
As you can see there are nearly 20 different ways someone can commit an assault crime just by the definition of assault itself! The attorneys at Washington Criminal Attorneys, understand how unfair this can feel. We understand the emotions that run through our client's minds when they are arrested. Most of our clients are not career criminals. They are simply people that might have made a poor decision, and as the old adage goes, "bad things happen to good people." It is our job to tell your story, to position you the right way in front of both the prosecutor and the court, to make sure we are available when you need us, and to offer our guidance throughout this confusing and overwhelming process.
Most of our clients do not understand what they can and cannot do when they are contacted by police officers, and unfortunately make the mistake of cooperating with whatever the police officer asks them to do. This is not your fault! We've all been taught since a very young age to respect authority. But, most people do not understand that cooperating with the police only gives them more information to work with, and ultimately to arrest you. Getting arrested is an overwhelming experience, and often times the person being arrested is not thinking clearly. This is to be expected during a stressful experience. Unfortunately our legal system does not take this into account! The law presumes that even in the face of such an overwhelming experience, people are able to make completely rational, and thought out decisions that have SERIOUS consequences. Again, you've been raised to respect police officers, and you thought that by participating, you could help yourself out. Unfortunately, that is not the case, but that doesn't mean that you can't fight back now.
We will look for any violation of your rights or grounds for challenging your arrest. We will look to see whether the police had any basis to contact you in the first place. We will verify the existence of actual evidence of assault, and pour through your arrest report for any inconsistencies, or exonerating information. We will not rest until every last piece of information is challenged. You deserve the best, and that is exactly what you receive when you hire Washington Criminal Attorneys.
If any of this sounds like it happened to you, call us immediately! Sometimes these types of cases are won or lost very, very early in the process. Now that you have been criminally charged, a million thoughts are running through your mind. What happens next? How will I get to work? Will I lose my job? Will I be prevented from advancing my career? Can I relocate? Am I on probation right now? Will I lose my firearm rights?
When you call our offices, you will speak to one of our experienced criminal defense attorneys, and we will take the time to go through all of your questions in detail. The initial consultation is free, and we will take the time to learn about your specific case, and give you our honest assessment of where your case stands. Remember, NEVER speak to the police, detectives, or anyone from the prosecutor's office without an attorney. They have one job, and that is to make sure you are convicted. If you are reading this page you have been charged with a criminal offense. It is now them against you. With something as important as your freedom at stake, don't make the mistake of handling your criminal charge alone.
Washington Criminal Attorneys will be there for you, and go to battle for your defense.
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In our experience, most assault cases have two sides. Our Bellevue assault lawyers will help you make sure that your side is told.
A conviction of assault can have devastating repercussions on your life. In addition to jail and fines, it can impact your livelihood. Many careers and employers will not hire or keep individuals with a crime of violence on their record.
Our Bellevue assault attorneys know that sometimes things get out of control and mistakes happened. Sometimes those mistakes are made by other people, such as the police. No matter what category you may find yourself in, it is imperative that you are represented by an experienced attorney to protect your rights and fight for your future.
There are four different types of assault cases in Washington State. The most serious being Assault 1° with Assault 4° being the least serious. 1° through 3° are felonies which means the jail penalty can be over a year in jail. These types of cases are handled by the Superior Court in the county where the incident took place.
So if the incident was in Bellevue, the King County Superior court in downtown Seattle would handle it. The Bellevue District Court can only handle misdemeanor and gross misdemeanor cases, which would include Assault 4°
The facts of the case determine what degree you will be charged with, including the seriousness of the injuries or the potential injuries, whether weapons were involved, and who the victim was.
No matter what degree you are facing, for your future’s sake, contact an experienced attorney as soon as possible to discuss your options.
Washington state's assault statutes, unlike nearly every other offense, does not actually define what assault is. For example, our statute say "assaults another with intent to cause bodily harm." But, what does "assault another" really mean? Instead of defining the term itself, our courts developed a definition over the years through the cases that have gone to trial, and we use that definition going forward. So, before we get to the different classes of assault, we need to understand how our courts define assault.
There are essentially three different ways a defendant's conduct could be considered "assaultive": (1) battery; (2) attempted battery; and (3) creating an apprehension of bodily harm.
A battery occurs where, there is actual physical contact that is either harmful or offensive, if it was neither legally consented to nor otherwise privileged. The person's conduct could be considered a battery if they intended a person harm, but exactly how the person became injured was different than intended. In other words, if you intended to hurt someone, but how they got injured was unintentional, your conduct could still be considered a battery.
For example, a person can be convicted of an assaultif he or she shoots at someone, misses, hits a window, and the broken glass from the window strikes the victim. What's even more surprising is, under this last example, if the person hit with the broken glass is a different person, a person can still be convicted because they intended that someone be hit.
An attempted battery occurs where someone unlawfully attempts to inflict bodily injury on another, AND they have the ability to do so if they are not prevented from actually contacting that person. Essentially, with attempt-type offenses, our courts have determined that even though the person didn’t carry out the battery, the intent to do so was egregious enough to criminalize the conduct.
The last category of battery requires that the alleged victim be in fear of actually getting contacted, and the defendant must intend to create the fear, or as you will frequently hear: "apprehension." With that background, below will be an explanation of each degree of assault in Washington state.
Like many other offenses, the crime of "assault" is actually divided into four distinct categories based on the severity of the alleged offender's conduct. Assault in the 1st degree is the most severe, and Assault in the 4th degree is the least severe. The chart below provides a brief overview of the differences between the categories that will be discussed in more detail.
| Assault 1st Degree | Assault 2nd Degree | Assault 3rd Degree | Assault 4th Degree | |
| RCW | 9A.36.011 | 9A.36.021 | 9A.36.041 | |
| Classification | Class C Felony | |||
| Maximum Statutory Penalties | Life imprisonment; $50,000 fine; or BOTH | 10 years in prison; $20,000 fine; or BOTH | 5 years in prison; $10,000 fine; or BOTH | 364 days in jail; $5,000 fine |
We are a well-established firm serving the greater Puget Sound area with decades of combined legal experience. Our practice ranges throughout Western Washington where we vigorously represent our client's interests.
Washington Criminal Attorneys has a wide range of experience from complex felony trials to traffic infractions. This experience ensures that our firm will do everything legally possible to minimize the consequences of your criminal charges.
Washington Criminal Attorneys bring a wealth of experience, knowledge, and skill to the forefront of your criminal defense. Your charges have serious short-term, and long-term ramifications, and it is our job to make sure that your rights, and your future are protected.
Bellevue Assault Attorneys
Serving the Entire Eastside of King County
There are two sides to every assault case. We'll make sure your side is told.
If you have been arrested or charged with assault in Bellevue or elsewhere in King County, you owe it to yourself to speak with an experienced Washington State criminal defense attorney. Many assault charges are the result of very unusual facts and circumstances.
The majority of assault cases that we see are not the result of any planning or premeditation. Instead, our clients were provoked or acted in protection of either themselves or of others. In many instances, people who are charged with criminal assault simply found themselves in the wrong place at the wrong time.
Rather than being the instigator in the situation, they were merely reacting to the actions of others. If this is true in your case, you may have one or more "affirmative" defenses available. For example, under Washington State criminal law, you have a statutory right to defend yourself, and in certain circumstances, to defend others and your property.
Experienced Bellevue and King County assault attorneys.
Whatever the circumstances of your case, we can help you understand your rights and options. Call now for a free consultation.
If you have been arrested or charged with assault in Bellevue or elsewhere in King County, you owe it to yourself to speak with an experienced Washington State criminal defense attorney. Many assault charges are the result of very unusual facts and circumstances.
The majority of assault cases that we see are not the result of any planning or premeditation. Instead, our clients were provoked or acted in protection of either themselves or of others. In many instances, people who are charged with criminal assault simply found themselves in the wrong place at the wrong time.
Rather than being the instigator in the situation, they were merely reacting to the actions of others. If this is true in your case, you may have one or more "affirmative" defenses available. For example, under Washington State criminal law, you have a statutory right to defend yourself, and in certain circumstances, to defend others and your property.
Whatever the circumstances of your case, we can help you understand your rights and options. Call now for a free consultation.
Bellevue criminal defense lawyers serving all of King County, Washington. We offer low flat fees and affordable payment plans. All Bellevue District Court, Bellevue Municipal Court, and most Bellevue Superior Court cases handled. Get help, answers, and information from a criminal attorney now!