Assault 2 is a serious and violent criminal charge, as it is a class B felony and considered a strike offense. The domestic violence (DV) tag makes it even more serious. If you’ve been charged with 2nd degree domestic violence assault in Washington state, taking early action is important.
One way to be proactive is to obtain knowledge by understanding what constitutes Assault 2 in Washington state. Every state has different statutes covering domestic violence. In this article, we discuss Assault 2 in Washington state, the penalties and punishments for those found guilty, and how an experienced criminal defense lawyer can help.
If you’ve been charged with domestic violence in the 2nd degree, reach out to Will & Will today.
What Is 2nd Degree Assault?
Before we discuss the penalties of Assault 2, we need to understand what it entails. What constitutes domestic violence 2nd degree assault in Washington? Assault 2 is a serious and violent crime and is classified as a B felony because of the intent to cause bodily harm. It becomes 2nd degree domestic violence assault if the alleged victim is in a domestic relationship with the offender. This could be a romantic partner, a family member, or a roommate.
Here are the different degrees of assault in Washington state and their penalties:
- First-degree assault. This is a Class A felony punishable by up to life in prison and $50,000 in fines.
- Second-degree assault. This is a Class B felony punishable by up to 10 years in prison and $20,000 in fines.
- Third-degree assault. This is a Class C felony punishable by up to five years in prison and $10,000 in fines.
- Fourth-degree assault. This is a gross misdemeanor punishable by up to a year in county jail and up to $5,000 in fines.
Assault 2 and Assault 4 are the two levels of assault crimes most often charged in domestic violence cases. Assault 2 is a felony offense but Assault 4 is a gross misdemeanor offense. Assault 4 is the most common assault charge in Washington state. However, Assault 2 with a DV tag typically involves much more serious actions, often allegations of strangulation/choking, threats with a weapon or causing substantial bodily harm.
Assault 2 Washington State Charges
What is an example of 2nd degree assault DV? Such a crime could take many forms, but one of the most common examples is strangulation or suffocation. If you are accused of attempting to strangle or suffocate an intimate partner/family member/roommate, you can be charged with Assault 2, even if the other person was not badly hurt and did not require medical treatment. This is just one example.
How serious is 2nd-degree assault?
Assault 2 in Washington state is extremely serious. Not only do you face possible prison time and fines, but you also risk having a felony conviction on your record. This can affect your job prospects, housing opportunities, and your Second Amendment gun rights for years.
How many years can you get for 2nd-degree assault in Washington State?
The maximum Assault 2 Washington state sentence is 10 years in prison. However, those who have no criminal history are likely to serve much less time if convicted of this violent crime.
Legal Options After Being Charged with 2nd-Degree Assault
If you have been charged with Assault 2 in Washington state, you are in a serious dilemma. But you do have legal options. For instance, there is a thin line that differentiates Assault 2 from Assault 4. An experienced lawyer can argue that your actions don’t warrant an Assault 2 charge and, instead, should be treated as the less serious, Assault 4 charge. This would significantly reduce your possibility of being incarcerated.
You need an experienced domestic violence attorney to negotiate on your behalf. An attorney that handles domestic violence cases on a daily basis can discuss your options and possible outcomes, such as whether the charges could be dropped altogether, if you should consider a plea, or what your ability to win at trial is. An experienced lawyer who knows the ins and outs of Washington state law can help you with all of the above strategies and more.
Do You Have Assault 2 Charges Against You in Washington State?
The sooner you begin building your legal strategy after an Assault 2 charge, the better chance you have of avoiding harsh penalties. With all that said, almost nothing gets your defense started faster than calling a trusted criminal defense lawyer.
The lawyers at Will & Will have decades of experience defending people in your position. A lawyer who knows everything there is to know about Assault 2 in Washington state also knows how to get you the best possible outcome. So, don’t wait. Contact Will & Will to get help with your case. Schedule a free consultation by calling 206-209-5585 or contacting us online.