CCD Law Crary & Domanico, P.S., of Spokane, defends clients charged with domestic violence assault. We make sure judges and juries get all of the facts and hear your side of things before they deliver their verdicts. We also make sure domestic violence assault suspects enter a courtroom with a case backed with strong evidence to earn an acquittal or to get charges and sentences reduced. Contact our Spokane domestic violence lawyers for a case review with a real, local lawyer to determine your best option.
How Can a Lawyer Help Me If I’m Accused of Assault in a Domestic Violence Case?
Those guilty of domestic violence assault must be prosecuted and punished. The victims of real cases of domestic violence must get justice and support and be granted protection under the law.
Unfortunately, innocent people are sometimes accused of domestic violence assault. Guilt can be presumed and suspects can face unfair treatment and be underrepresented in court. Domestic violence assault suspects might end up hurting someone without intending to during a heated argument with loved ones. They can act to defend themselves or others and find themselves staring at domestic violence charges and jail time. Unfortunately, judges and juries may not hear the entire story when suspects don’t have proper legal representation.
Your Spokane Domestic Violence Assault Lawyer would fully investigate what happened. Your lawyer would examine the way law enforcement officers handled the incident and the investigation that followed. With a strong handle on the complex legal process in domestic violence cases, your lawyer would demand that you receive the same protections that our court system guarantees everyone.
What Is Assault in a Spokane Domestic Violence Case?
Domestic violence charges are filed over many different types of suspected criminal acts, including several varying degrees of assault from first-degree to fourth-degree.
Washington courts generally defined assault as the intent to inflict bodily harm on someone. It can include touching someone with criminal intent. It can also involve causing someone to fear they will be assaulted. These interpretations assume the person accused wasn’t using lawful force to defend themselves.
Assaults are the first crimes to be mentioned in the definition of Domestic Violence provided in The Revised Codes of Washington (RCW) 7.105.010:
“Domestic violence” means:
(a) Physical harm, bodily injury, assault, or the infliction of fear of physical harm, bodily injury, or assault; nonconsensual sexual conduct or nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking of one intimate partner by another intimate partner; or
(b) Physical harm, bodily injury, assault, or the infliction of fear of physical harm, bodily injury, or assault; nonconsensual sexual conduct or nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking of one family or household member by another family or household member.
For a more detailed look at the definition of family members and household members visit our informational page here.
The accusation of domestic violence assault constitutes extremely serious charges. If you are charged with any of these crimes, you can feel completely alone, especially if you haven’t been allowed to tell your side of the story.
Our attorneys can be your voice in the courtroom and fight to help you get a fresh start. A domestic violence conviction can rob you of your freedom, and your relationships with family members. A claim of assault may also leave you in financial turmoil. At CCD Law we understand what’s at stake and move to secure the best possible outcome for our clients.
What Are the Degrees of Assault in Washington?
Domestic assault charges can lead to felony charges that might carry a lifelong jail sentence. Less serious offenses might carry misdemeanor charges along with fines and shorter jail terms.
This is a brief look at what domestic violence assault suspects face in incidents thought to have involved physical assault:
First-Degree assault can include the use of a firearm or poison to cause injury or death. It’s a Class A Felony. (RCW 9A.36.011)
Second-Degree Assault includes cases involving the use of a weapon. It might mean the intent to harm an unborn child. The torture of a victim could result in second-degree charges. Attacking someone using strangulation or suffocation. Most second-degree charges would be Class B Felonies. A second-degree assault with sexual motivation might result in a Class A Felony charge. (RCW 9A.36.021)
Third-Degree Assault includes causing harm to someone with a weapon or object, but not rising to the definition of first-degree or second-degree offenses. Assault on someone in a courthouse. These are Class C Felonies. (RCW 9A.36.031)
Fourth-Degree Assault includes assault not rising to the level of the higher degrees of assault. This charge is usually a gross misdemeanor. However, victims with multiple domestic violence convictions on record can face Class C Felony charges. (RCW 9A.36.041)
These are all serious accusations, but suspects can be charged before the full story of what happened comes out. Suspects might be charged with a higher degree of assault that doesn’t follow the legal definitions.
Witnesses and even alleged victims can get important details wrong. These injustices occur far more often to people without skilled and experienced legal representation. CCD Law has been standing up for criminal suspects in Eastern Washington since 1981. We know how critical these cases can be. We block prosecutors from only telling one side of what happened.
What Are Some of the Defenses I Can Use to Fight Domestic Violence Assault Charges?
Key pieces of evidence and strong legal defenses can change how a jury views a domestic violence incident and may limit the ways the prosecution can attack your character and your testimony.
Your Spokane domestic violence lawyer would talk over your case with you, examine the police report, and consider these and other defense options:
- Self-defense is a strong argument if you had a reasonable belief of an immediate threat of bodily harm.
- You were acting in the defense of others.
- You didn’t intend to harm the victim. It was an accident.
- A lack of independent evidence. If there’s no proof of physical injuries and no witnesses other than you and the alleged victim, there may not be enough evidence to convict.
- The allegations were false. Alleged victims and witnesses can incorrectly recall what happened. They can also lie out of jealousy or anger. They may lie for financial reasons or need the leverage for a child custody case. It’s up to your attorney to uncover evidence through investigation and witness examination to bring the truth to light.
Punishment for Domestic Violence Assault Convictions in Washington
In Washington, a Class A Felony may result from a conviction on first-degree domestic violence assault charges. The penalties can be severe for these types of cases. Victims may face life in prison and up to $50,000 in fines.
Second-degree assault and a Class B Felony might result in up to 10 years in prison and a $20,000 fine. A Class C Felony with a third-degree and some fourth-degree assault convictions could lead to five years in prison and $10,000 in fines.
These and other Domestic Violence penalties will often apply:
- Court costs
- Probation
- Year-long domestic violence treatment program at the convicted person’s expense
- Child custody limitations
- Loss of the right to possess firearms
- Immigration issues for non-citizens
Contact a Spokane Domestic Violence Assault Lawyer Today
The effectiveness of your legal defense can make an enormous difference in the outcome of your case. CCD Law has been defending clients in Eastern Washington for over 40 years. We help clients seek justice and rebuild their lives after facing serious and life-altering charges in cases like these. We seek the restoration of people’s lives and resolutions for families if possible.
Contact us as soon as possible to schedule a confidential case consultation with a real Spokane attorney. The fact that these allegations were made doesn’t make you guilty. We can help you identify the fastest route to clearing your name and resolving your domestic violence charges.
