In Washington State, assault in the fourth degree domestic violence (DV) is a criminal charge that can be filed when someone commits an assault against a family or household member or someone they are in a romantic relationship with.
Fourth-degree assault in Washington state is the least serious type of assault charge, but it can have serious legal consequences when it occurs in a domestic violence context.
Under Washington law, assault in the fourth degree domestic violence is defined as intentionally and unlawfully causing bodily harm to another person or committing an act that creates a reasonable fear of imminent bodily harm. This can include pushing, slapping, hitting, or throwing things at a family or household member.
A family or household member might include a spouse, domestic partner, former spouse or partner, parent, child, sibling, or someone related by blood or marriage. It can also include someone who currently or formerly lived with the accused as a spouse or partner or someone who has a child in common with the accused.
If you are convicted of fourth-degree assault domestic violence in Washington State, you can face up to 364 days in jail and a fine of up to $5,000. Additionally, a conviction for domestic violence assault can result in a ban on the right to possess firearms, loss of the right to vote, and difficulty finding employment or housing.
Domestic violence charges in Washington are taken very seriously. Prosecutors may be more aggressive in pursuing charges and seeking harsher penalties in these kinds of cases.
If you or someone you know is facing charges of assault in the fourth degree domestic violence in Washington State, it’s crucial to seek the advice of a qualified criminal defense attorney.
What Is Assault?
Assault is a term used in criminal law to refer to the act of intentionally and unlawfully causing bodily harm to another person or placing another person in reasonable fear of imminent bodily harm.
In general, an assault requires the perpetrator to have the intent to cause harm and to take some physical action toward that end.
In some cases, assault may involve actual physical contact, such as hitting or striking another person. In other cases, it may involve threatening behavior or gestures, such as brandishing a weapon or making verbal threats.
Assault can be charged as a misdemeanor or a felony, depending on the severity of the offense and other factors, such as the presence of aggravating circumstances.
What is Misdemeanor Domestic Violence?
Misdemeanor domestic violence is a criminal charge that can be filed when a person commits an act of domestic violence considered less serious than a felony offense.
In general, misdemeanor domestic violence charges are filed in cases where the victim did not sustain serious bodily harm or where the perpetrator did not use a weapon or engage in other aggravating behavior.
Does the Victim Have to Be Injured for Me to Be Charged with Fourth Degree Domestic Violence Assault?
No, the victim does not have to be injured for an individual to be charged with fourth-degree domestic violence assault in Washington State.
Under Washington law, an individual can be charged with fourth-degree domestic violence assault for intentionally and unlawfully causing bodily harm to another person or committing an act that creates a reasonable fear of imminent bodily harm.
“Bodily harm” is defined as any physical pain, injury, or illness, regardless of how minor or temporary it may be. This means that an act of domestic violence assault can result in criminal charges even if the victim does not sustain visible injuries or if the injuries sustained are minor.
In addition to causing bodily harm, an individual can also be charged with fourth-degree domestic violence assault for committing an act that creates a reasonable fear of imminent bodily harm. This means that if an individual threatens or intimidates a family or household member or engages in behavior that makes them fear for their safety, they can be charged with domestic violence assault even if no physical harm was inflicted.
Is DV Assault in the Fourth Degree a Misdemeanor Charge?
Yes, domestic violence 4th degree assault is generally charged as a misdemeanor in Washington State. The offense’s specific classification depends on the case’s circumstances, but in general, fourth-degree domestic violence assault is considered a gross misdemeanor.
What Is the Punishment for this Crime?
The punishment for fourth-degree domestic violence assault in Washington State can include up to 364 days in jail, a fine of up to $5,000, and a probation period.
In addition to these criminal penalties, a conviction for domestic violence assault can also result in other legal consequences, such as a requirement to attend counseling or treatment or a restraining order.
Repeat offenders or those with prior domestic violence convictions may face enhanced penalties, including longer jail sentences and higher fines.
The exact punishment for a domestic violence assault conviction can vary depending on the circumstances of the case, so you should seek the advice of a qualified criminal defense attorney if you or someone you love is facing charges of domestic violence assault.
Are There Any Other Consequences of Being Convicted of Assault in the Fourth Degree with Domestic Violence Charge?
Yes, a conviction for assault in the fourth degree with a domestic violence charge can have a number of other legal consequences in addition to those we mentioned previously.
These consequences can include:
- Loss of Child Custody: A domestic violence conviction can result in losing custody or visitation rights, especially if the victim is a spouse or co-parent.
- Immigration Consequences: A domestic violence conviction can have severe immigration consequences, including the possibility of deportation or denial of citizenship.
- Professional Licensing: A domestic violence conviction can also result in the loss of professional licenses or certifications, including those required for jobs in healthcare, education, law enforcement, and other fields.
- Protection Orders: A domestic violence conviction can result in a protection order, which may prohibit contact between the offender and the victim, require the offender to stay away from certain locations, and may even result in the offender being required to move out of their home.
- Negative Impact on Personal Relationships: A domestic violence conviction can also have long-term consequences on personal relationships, including damage to reputation and loss of support from friends and family.
Should I Contact a Lawyer for Help with My Domestic Violence Assault Charge?
If you or someone you love is facing charges of domestic violence assault in Washington State, seek the advice of a qualified criminal defense attorney who has experience handling domestic violence cases.
A family lawyer with experience in criminal defense can help protect your legal rights and provide you with guidance throughout the legal process.
They can also assist you in developing a defense strategy tailored to your specific circumstances and work to minimize the legal and personal consequences of a domestic violence conviction.
If you are in need of a family lawyer in Washington State, act quickly to protect your legal rights and ensure the best possible outcome for your case. Use LegalMatch’s attorney-client matching service to contact a Washington family lawyer today.
