Defense Strategies for Assault Charges in Washington: What You Need to Know
Assault charges in Washington are serious and can come with serious consequences. People accused of assault can face time in jail or prison, large fines, and or probation. A conviction of assault can create a permanent criminal record which affects a person’s employment, and where they can live, all because of the criminal conviction. Being accused of assault does not mean a person will be convicted of assault. Every assault case is unique and will likely have several defenses used by the accused person’s criminal lawyer.
At Mcaleer Law, our team of experienced Washington criminal defense attorneys fight to defend individuals charged with assault in Washington state. By meticulously scrutinizing the specific circumstances of the assault charges against you, our highly skilled attorneys will find errors and undermine the prosecution’s flawed application of the law to the facts of your case. We will ensure your rights are protected throughout the entire process of the criminal justice system.
Understanding Assault Charges in Washington
There are several different types of Assault, all very serious in nature and some which are classified as misdemeanors and others as very serious felonies.
Common assault charges include:
- Fourth-degree assault
- Third-degree assault
- Second-degree assault
- First-degree assault
- Domestic violence assault
- Assault involving a deadly weapon
- Assault against law enforcement officers
- Felony assault charges
Assault offenses can be classified as either misdemeanors or felonies depending on the level of severity and harm to the victim as well as circumstances of the offense, including whether or not any weapons were used.
Why a Strong Defense Matters
A strong defense to an assault charge is developed by challenging each of the necessary elements of the offense charged against a person. In a criminal case, the burden of proof is on the prosecution to prove each and every element of the offense charged against a person in a criminal case beyond a reasonable doubt. An experienced criminal defense attorney can make a huge difference in the outcome of a case by thoroughly and completely evaluating all of the evidence in a case to find the weaknesses of the government’s case.
A successful defense may result in:
- Reduced charges
- Dismissal of charges
- Favorable plea negotiations
- Acquittal at trial
- Reduced penalties
Common Defense Strategies for Assault Charges
While every case is different, there are usually a number of legal defenses that can be used in a given assault case, listed below.
Self-Defense
Washington law permits a person to use reasonable force to protect self from what appears to be an imminent unlawful assault.
To establish self-defense in your assault case, the amount of force that you used in trying to protect yourself from another must be determined to be legally justified in the circumstances of your case.
Defense of Another Person
Another important defense is the force that one is entitled to use to protect another person who is being the victim of an imminent attack by another.
Circumstances surrounding the incident.
Defense of Property
There are also instances where one can use force to protect property and in such cases one can be said to be acting in the legal parameters of defending property as set forth by Washington law.
Lack of Intent
There are several types of assault which are charged as crimes that require the intent of another to cause injury or harm to another. This would mean that there is no criminal liability for an assault where the incident was accidental in nature and therefore would not support a criminal charge for the act of assault.
Mistaken Identity
Just because you were identified by an eyewitness or witnesses, does not mean that you were in fact the correct person. Even the most reliable of eyewitnesses can be wrong on rare occasions. For instance, if there was a lot going on in the area where the incident took place, then misidentification is highly possible. And so, there will be other evidence that will help dis
Surveillance footage, digital records, and inconsistencies in the testimony of a particular witness for example can uncover a case of mistaken identity on the part of a witness.
False Allegations
Many Assault charges are based upon a completely incorrect perception of events. Often such charges are the result of some dispute that has escalated. And then there are simply false charges.
A full investigation into the incidents may uncover inconsistencies that were not visible prior to investigation and show that the false assault allegations were made as a result of false claims.
Insufficient Evidence
The best result for you in this situation would be dismissal of the charges or an acquittal as the state would fail to prove the charges against you beyond a reasonable doubt due to the insufficient evidence against you.
Constitutional Violations
If your constitutional rights have been violated by the police during the investigation of an assault charge then the court can suppress some of the evidence gathered against you. This means the evidence will not be allowed as evidence at your trial.
Examples include:
- Illegal searches
- Improper interrogations
- Failure to respect constitutional protections
- Unlawful evidence collection
- Evidence That Can Strengthen Your Defense
Your experienced criminal defense attorney will obtain and review the following examples of evidence and more:
- Surveillance video
- Cell phone records
- Photographs
- Medical records
- Witness statements
- Police reports
- Digital communications
- Expert testimony
A thorough investigation of the facts and circumstances can uncover evidence that defends an assault charge as well as evidence that the prosecution’s evidence fail to establish an assault charge.
What to Do If You Are Charged with Assault
What You Do Before The First Court Appearance for Assault Charges Is As Important As What You Do At Trial.
If you are charged:
- Exercise your right to remain silent.
- Don’t talk about your case with the police until you have spoken with an attorney.
- Preserve any evidence that may support your defense.
- Follow all court orders and release conditions.
If charged with assault contact a defense attorney experienced in criminal law and investigation of assault cases in Washington State.
Early legal representation means that the lawyer protecting your rights from the start of your case.
Why Choose Mcaleer Law?
At Mcaleer Law, we are determined to defend individuals with criminal charges throughout Washington. As assault charges can severely affect a person’s life and future, it is crucial to have an experienced and qualified criminal defense attorney on your side.
Clients choose our firm because we provide:
- Comprehensive case investigations
- Strategic defense planning
- Strong courtroom advocacy
- Personalized legal representation
- Responsive communication throughout the case
Our objective is to get the best possible results in your case while making sure your constitutional rights are protected.
Contact Mcaleer Law for Assault Defense in Washington
If you have been charged with Assault or are being investigated for Assault, contact a Washington Assault Defense Attorney today. An experienced Washington Assault Defense Attorney can make all the difference in your case. Contact Mcaleer Law today to schedule a free, no obligation consultation.
Contact Mcaleer Law today for a free consultation to discuss your assault charges and to learn how we can build the strongest defense possible for your assault charges throughout Washington.