Washington State Assault Lawyer
When you need an assault lawyer, you want someone who knows how to do the job right, the first time. Experiencing any type of assault is an extremely scary occurrence, that may leave you physically or psychologically harmed. At Leyba Defense LLC we understand the stress an assault can bring, and we want to help you get the compensation you deserve.
What is an Assault?
There are numerous types of assault. An assault is described as any threat, or attempt to inflict harm on a person. Any act of violence that puts the other person at immediate risk of danger. We have decades of experience dealing with assault victims and we aim to negotiate favorable deals on your behalf.
If you have been accused of felony assault, misdemeanor assault, or anything similar, we will work tirelessly to keep the assault off of your permanent record. The process may involve negotiations with prosecutors, or court appearances. Let us stand and fight in your corner and keep you out of jail.
No matter which side of the assault you’re on, we will do whatever it takes to ensure you receive a favorable outcome.
What are the Four Levels of Assault?
First-degree Assault
In Washington State, assault charges fall into 4 main categories depending on the seriousness of the offense. The most serious assault charge is first-degree assault. First-degree is an action carried out with the “intent to inflict great bodily harm or even death”. This is a class A felony. If you’re found guilty you may be given the maximum sentence of life in prison and be fined $ 50,000.
Assault in the second-degree
This is the second most serious charge and is known as a class B felony. If convicted you will receive a maximum of 10 years in jail and a $ 20,000 fine. Sexually motivated assault in the second degree will automatically escalate into a class A felony. The defendant must have intentionally harmed the victim physically in order to be charged with second-degree assault. This assault includes bruises, cuts, broken bones, and other injuries.
Third-degree assault
Third-degree assault is a criminal charge that can be brought against someone who causes bodily harm to another person, either intentionally or through reckless behavior. This charge often arises in cases of bar fights or domestic disputes that result in physical injuries and pain.
Fourth-degree assault
If the charges do not qualify as first-degree, second-degree, or third-degree assault, they are categorized as fourth-degree assault. This is when a person recklessly causes physical injury to another person. This type of assault usually carries a fine of $5000 and up to a year in jail time.
Assault with a deadly weapon
Weapon violations are usually accompanied by drug charges, DUIs, disorderly conduct, or domestic violence cases. If you are arrested in possession of any type of felony firearm contact us immediately to find out how we assist you and keep you from doing any jail time.
Penalties of Assault Conviction
The penalties of an assault conviction will largely depend on how the alleged offense is classified.
- Gross misdemeanor: This assault charge carries up to 364 days in jail and a fine of up to $5,000.
- Class C felony: Carries a fine of up to $10,000 and up to 5 years in prison.
- Class B felony: A fine of up to $20,000 and up to 10 years in jail.
- Class A felony: Life in prison and a fine of up to $50,000.
If you’re convicted of assault you will have a criminal record, this can severely impact your life after you have been released from prison. You may find it difficult to get a job, or housing and face many other challenges that could have been avoided.
The maximum penalty for a basic assault is 2 years imprisonment. An aggravated assault conviction will result in 3 years of jail time. Punishments can range between fines and jail time depending on the severity of the offense and the offender’s criminal history.
DUIs or Driving Under The Influence
If you’re caught driving under the influence you should consult an assault lawyer near me immediately. This type of charge is a misdemeanor offense and carries a maximum penalty of 364 days in jail and a fine of up to $5000. Your driver’s license could also be suspended for between 90 days – 4 years, depending on prior offenses and the severity of the incident. Even if no one is injured in the accident you will still be charged with a gross misdemeanor 1st offense.
Legal Defenses for Assault Charges
Self-defense
The most common defense when it comes to assault is pleading self-defense. This implies that you protected yourself because you believed that the other person would have caused you harm if you hadn’t. If you believe you are about to be injured or assaulted, you have the right to lawfully defend yourself as long as the force isn’t more than necessarily required. This will need to be proved beyond a reasonable doubt in a court of law.
Duress
If you feel threatened or at the risk of immediate danger this scenario falls under a duress defense. This is when you feel coercion, threats, or psychological pressure to protect your interests. This may be a valid defense if you can prove that the client would have otherwise never reacted the way they did to the situation in question.
Defense of others
This defense can be used if the client acted in defense of another individual. They stopped someone from causing another person physical harm. There will need to be grounds to establish this type of defense. Contact a lawyer for assault charges for the best results and expert advice.
Necessity
Our experts can help you by challenging legal situations using the necessary defense strategy. This defense is used when a client engages in conduct that would ordinarily be considered a criminal offense, but if they had no other choice than to respond to avoid additional significant injury to themselves or others. This defense most commonly applies to someone breaking into your home.
You Can Count on Leyba Defense to Fight Your Case!
We aim to be one of the best DUI/criminal defense attorneys, we listen to your concerns and find the best outcome for each situation. By only accepting a limited number of clients you can be sure to receive the best lawyer for assault charges and convictions. Whether you need an assault and battery lawyer, an assault defense lawyer, or a lawyer for assault victims, our quality of work speaks for itself.
Our reputation for negotiating with the prosecutor, speaking to the judge, or persuading a jury to see our client’s side means that you’re always in the best hands possible. For the best assault lawyer money can hire, contact us today.
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Matthew Leyba offers an initial consultation for all first-time clients.
This consultation is entirely confidential and is not limited to a brief 30-minute session. BUI attorney Matthew Leyba would be more than happy to spend an hour with you discussing the details of your BUI case and helping you understand the best legal options to take.