Legal Question in Criminal Law in Washington
polygraph/assault 4
My daughters step mom beat her up. CPS removed the kids and criminal charges were filed. Crime scene matched perfectly, there were bruises and they have denied and slandered in an unbelievable matter. About a month ago, she demanded she be allowed to take a polygraph, and it was stipulated. She failed. It looks like they will go into a plea agreement, (assault 4 is the offer, with a restraining order) and even if they do go to trial, I honestly don't see how they could win. My questions are 1. Does my daughter have the right to sue for compensation or emotional distress? 2.) How serious of a charge is assault 4? Is that a slap on the wrist?
Thanks so much
1 Answer from Attorneys
Re: polygraph/assault 4
Assault 4 is a gross misdemeanor. It has a MAXIMUM penalty of one year in jail and/or a $5000 fine. In this case, it appears as though it qualifies as an act of domestic violence as well (which doesn't NECESSARILY mean much, but it can).
Domestic violence, in Washington, is generally defined as an act of violence (Assault 4 qualifies as this) against a household or former household member or a blood relation. In my experience, it is common to have minimal to no jail time for
Assault 4 (although I have also seen at least one person get the full year, but that case was unusual, in part because of the number of times he had been convicted of Domestic Violence Assualt 4). Generally, the fines in the Assault 4 cases that I have
seen range from about $350 to about $750. The defendant is also usually put on probation for 2 years, and depending on the county that will be supervised or unsupervised. Many counties also require the defendant to obtain a Batterer's (Domestic Violence)
assessment/evaluation and to follow all recommended treatment (usually 1-2 years of counseling). People charged with Domestic Violence Assualt 4 can also qualify for the 10.05 program, which is a deferred prosecution program. It entails getting a Batterer's
evaluation, admitting you have a problem, the counselor agreeing you have a problem and that you are amenable to treatment and that treatment has a reasonable likelihood of success, then the Judge must also make those same determinations. IF all that happens,
then prosecution is deferred and if the person completes the treatment satisfactorilly AND stays out of trouble, as well as other requirements, then after a period of 5 years, the charges are dismissed.
As for your step-daughter, she can file with the State Victims fund for payment of her doctor bills and losses. She COULD sue her mother, but that is another discussion.
If I can be of additional assistance, let me know.
Good luck!
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