Assault in the Second Degree

Assault 2 charges in Washington

Assault 2 Charges in Washington

Assault is a serious charge in the State of Washington with serious repercussions, especially when it comes to Assault 2 charges in Washington. 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 also 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, especially considering the significant impact of Assault 2 charges in Washington.

What is Assault 2 in Washington?

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 for assault 2 charges in Washington?

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.

Assault in the Third Degree

Assault 3 in Washington

Assault 3 is a serious criminal charge in the State of Washington, since most of the statute revolves around assault towards public officials, public transport, and healthcare professionals. If you are being charged with Assault 3 in Washington, understanding the legal consequences of the charge and possible conviction is crucial. The Law Office of Erin Bradley McAleer has attorneys on hand that are ready and willing to commit to your case and defend you in a court of law.

What is Assault 3 in Washington?

In Washington, Assault 3 is defined as an assault that causes bodily harm to another person. Bodily harm is defined as any physical injury that is not serious. Assault 3 can also include an attempted assault with the intent to cause bodily harm. The use of a weapon is not required for an Assault 3 charge. Assault in the Third Degree is a class C felony in the State of Washington. Class C felonies are punishable by up to 5 years in prison, and $10,000 in fines. In Washington Assault 3 consists greatly of elements surrounding assault towards people that play specific roles in public life. These roles include:

  • School bus drivers  
  • Transit operators  
  • Firefighters 
  • Nurse physicians  
  • Healthcare providers  
  • Court employees 
  • Judicial officers  
  • Any person in a court during proceedings. 

Assault in the third degree

However, additional elements such as domestic violence may be applied to certain cases or assault towards a specific person. The Revised Code of Washington defines Assault in the third degree as criminal negligence, which is bodily harm combined with considerable amounts of pain that last for an extended period of time, or boldly harm caused by a weapon or an instrument likely to cause bodily harm.

What are the legal implications of an Assault 3 conviction in Washington?

A conviction for Assault 3 in Washington can have serious legal implications. A conviction for Assault 3 can result in the loss of certain civil rights, such as the right to own a firearm. There are several legal ramifications besides jail time and fines that one might face if convicted of an Assault 3 charge. Firstly, you will have a conviction on your criminal record, which can impair your ability to find a job, buy or rent property, and your access to education. Some of your civil rights can also be in jeopardy including:

  • Right to vote: During incarceration you won’t be able to vote, however upon release your right to vote is restored.
  • Right to serve on a jury: This is also dependent on incarceration, and will be restored upon release.
  • Right to possess a firearm: Once convicted you will be restricted from buying and possessing firearms for a period of time. This is not reinstated automatically and you will need legal assistance in going through the firearm rights restoration process.

What are the defenses against an Assault 3 charge in Washington?

Assault 3 can be a daunting and complicated charge to face in the State of Washington. Working with experienced and talented attorneys will be important since it requires a certain level of nuance. Self-defense is a common defense used in Assault 3 cases; in which case your lawyer would defend you on the basis that your actions were justified in your specific scenario. The other may be that the prosecution may not be able to prove that you intended to cause bodily harm.

We are committed to help you

Assault 3 is a serious criminal charge in the State of Washington. If you are being charged with Assault 3, it is important to obtain a qualified criminal defense attorney who can help you weigh your options and defend your rights in a court of law. Understanding the definition of Assault 3, the penalties, and the legal consequences of a conviction, you can take steps to protect your future and your freedom.

The Law Office of Erin Bradley McAleer is committed and ready to take action to help you pursue the best outcome in your case. Call today and schedule a free consultation with our law office.