Assault in the Second Degree
Assault is a serious charge in the State of Washington with serious repercussions. The severity can vary depending on the elements of the case, leading to detrimental consequences. If you have been charged with Assault 2 it is important to take the necessary steps and precautions to help safeguard your rights. Hiring an attorney is a quite substantial step in allowing you to have someone who is knowledgeable and experienced. The Law Office of Erin Bradley McAleer will not only work to be committed to defend your case to the fullest extent of the law but will help to inform, educate and change your perspective on Assault 2 by arming you with the necessary knowledge and tools for any questions or concerns you may have. Our attorneys are committed to giving you peace of mind when handling your case as it can be quite stressful when facing a serious charge.
What is Assault 2?
Assault in the second degree revolves around the element of “substantial bodily harm” according to the Revised Code of Washington (RCW) which can take form in three main forms. These forms are as follows:
Substantial injury: This is commonly seen as a broken nose, fractured bone, bruises, any temporary or permanent disfigurement. The injury also needs to be sustained after reckless and/or intentional contact in order for it to be charged as Assault 2. However, the specific intent of the contact is irrelevant. The RCW defines multiple other types of substantial bodily injuries such as torture and hitting or kicking a pregnant mother.
Strangulation or suffocation: One of the most common reasons for charging someone with Assault 2. Intentionally compressing the neck and stopping the breathing or blood flow to the brain can amount to strangulation. Any marks on the victim’s neck will be evidence of the strangulation, along with a medical diagnosis.
Deadly weapon or poison: The intention to cause bodily harm with a deadly weapon or poison also falls under the Assault 2 elements. A deadly weapon consists of any object that can inflict bodily harm including guns, metal rods, bats, knives, even motor vehicles. Poison is generally defined as a substance that is destructive or noxious.
What are the consequences of a conviction?
Assault 2 is considered a class B felony in the State of Washington. With a class B felony conviction comes up to 10 years in prison and a $20,000 fine. You could also be sentenced to mandatory community service, court-ordered treatment, and restitution payments to the victim. It may also affect your life permanently by diminishing your ability to get a job, purchase a house, and obtain certain professional licenses as well.
3 Strikes Law
There are certain crimes that are considered “violent felonies” or “strike offenses” under the RCW, such rape, robbery, child molestation, manslaughter, murder, and serious assault. An Assault 2 charge is classified as a strikeable offense meaning if the charge is obtained, it would be one of three strikes on your record that could lead to life in prison. Obtaining three strikes in any combination of these strikeable offenses would lead to sentencing of life in prison due to something known as the “3 strikes law”.
What we can do for you.
Hiring a lawyer is the best step you can take to protecting yourself and your freedom. While it may be a challenging and difficult situation to be in, the Law Office of Erin Bradley McAleer is here to help and assist you. The lawyers at our office are not only highly experienced but also dedicated to serving and defending you in a court of law.
Contact the Law Office of Erin Bradley McAleer and schedule a free consultation to see how you can help you.