Assault 4 DV

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:

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.