Assault 4 DV Lawyer

Washington Domestic Violence Attorney

A simple push can land you in jail for Domestic Violence Assault in Washington. Washington law does not require injury to prove an assault. There must simply be an intentional and offensive touch. This results in people getting arrested for almost any contact during an argument. Certainly, very many people are surprised when they are arrested for Assault 4 DV when there is only minimal contact alleged.

There are generally three ways that the prosecutors must prove Assault 4 – Two out of three of the definitions of an Assault 4 do not require that you make contact with the other person:

An intentional offensive touching of another person, regardless of whether an injury occurred.
An attempted assault of another person, simply referred to as a swing and a miss
An act done with intent to put another person in reasonable fear of immediate bodily harm.

What makes an Assault 4 a Domestic Violence crime is whether the victim is either a family or household member.

It is surprising to most people that grabbing a cellphone out of someone’s hand or throwing a cup of water on another person can be charged as an assault. Most people call the police out to a domestic dispute not intending no having anyone arrested, just settling things down. When the police arrive, however, they are immediately looking for who committed a crime in order to make an arrest. In fact, if there is probable cause of an assault, police have no choice and are obligated to do so by law. Police do not get the full story when they make their arrest and once they make their arrest it is an uphill battle to prove your innocence.

Consequences of an Assault 4 DV Conviction

Assault 4 Domestic Violence is a gross misdemeanor which is defined as any crime that carries a maximum potential sentence of 364 days in jail and a $5,000 fine. Some consequences include:

No-Contact Order
Loss of Your Right to a Firearm
Domestic Violence Treatment
Criminal Record
Loss of Housing / Job

Contact An Experienced Domestic Violence Lawyer

Kris Carrasco has handled hundreds of Domestic Violence cases. Contact our office for a free consultation, (360) 975-4673. Kris Carrasco has a winning trial record and can help you come up with the best strategy to fight the Domestic Violence charges against you.

Results

How We Achieved Dismissal in a Complex Assault 4 Domestic Violence Case

Introduction Navigating a domestic violence charge can be daunting, especially when the accusations are unfounded. Our recent victory in an Assault 4 Domestic Violence case showcases the importance of a robust defense strategy and thorough investigation. Here’s how we turned a challenging situation into a successful dismissal. The Case Our ... Read more

Assault 3 Domestic Violence – Felony – Dismissed

Client was charged with felony assault domestic violence when his truck ran over his girlfriend’s leg during an argument in a parking lot. The girlfriend was badly injured and had to be taken to the hospital. The girlfriend wanted charges filed and was cooperating with police and the prosecutors. After ... Read more

Feb 29, 2024

by GC on Kris Carrasco Attorney at Law

Out of State Restraining Order

I was in a horrible situation where the mother of my son had me arrested on false claims so she could kidnap our son and move to Washington from California. She filed a restraining order when she got to Washington, listing our son as a protected party and claimed I had been abusive to her and him, writing a statement filled with lies and stories going back many years. She went so far as to have her family members, whom had never left Washington submit statements as well. The whole thing was disturbing and as a result I wasn't able to see my son for months. Kris didn't get dragged into arguing the meritless claims she made but instead focused on the actual law. Washington did not have jurisdiction over me and as a result a restraining order was not legal. A temp judge granted the restraining order and Kris made the judge explain on the stand multiple times how Washington had jurisdiction. She could not. He filed a motion for reconsideration shortly after outlining case law and making it clear that the temp judge had made a mistake. A commissioner reviewed and granted the motion for reconsideration. As a result, I was able to be reunited with my son, 102 days later. Kris is an amazing lawyer and I can't thank him enough for what he did for me and my son. Don't hesitate to hire him.