Aggressive defense against assault charges in Vancouver, WA and throughout Clark County.
Free Case EvaluationAssault charges in Washington State can result in lengthy jail sentences and carry severe penalties. Whether you are accused of a simple assault or a felony assault with a deadly weapon, attorney Erin Bradley McAleer is passionate about defending the accused and will fight aggressively to protect your rights throughout Southwest Washington.
Domestic Violence and Assault
Domestic violence allegations present special challenges in assault cases. Even a misdemeanor assault conviction with a DV designation results in the permanent loss of gun rights. Mandatory arrest rules often result in pre-charge incarceration. Related charges frequently include malicious mischief, interference with domestic violence reporting, trespass, harassment, stalking, and violations of protective or no-contact orders.
Washington recognizes four degrees of assault, each with distinct elements and penalties:
| Degree | Elements | Standard Range (First Offense) |
|---|---|---|
| First Degree | Intentionally causing great bodily harm | 93-123 months (higher with criminal history) |
| Second Degree | Causing substantial bodily harm or assaulting with a deadly weapon | 3-9 months |
| Third Degree | Assaulting police officers or public employees | 1-3 months |
| Fourth Degree | Gross misdemeanor; no injury required | 0-364 days jail |
Washington law imposes mandatory additional prison time when a deadly weapon is used in the commission of an assault. A deadly weapon is defined as any instrument with the capacity to inflict death and that is likely to produce death when used.
| Enhancement Type | Class A Felony | Class B Felony | Class C Felony |
|---|---|---|---|
| Firearm | 5 years | 3 years | 18 months |
| Other Deadly Weapon | 2 years | 1 year | 6 months |
The use of force is lawful in Washington when a person reasonably believes that injury is imminent and the force used is not excessive. Reasonableness is assessed from the defendant's perspective, considering the circumstances known to them at the time -- not with the benefit of hindsight. Washington law imposes no duty to retreat when a person is in a place where they are legally entitled to be.
No Duty to Retreat
Washington is a "stand your ground" state. If you were legally present in the location where the incident occurred, you had no obligation to retreat before using reasonable force in self-defense. This is a critical defense strategy in many assault cases.
If you are facing assault charges, contact McAleer Law today for a consultation. Our experienced defense attorneys will review your case and develop a strategy to protect your rights and your freedom.
Don’t face legal challenges alone. Our experienced attorneys are ready to fight for you.