Legal Question in Criminal Law in Washington

domestic violence 4th degree assault

I was just wondering what the sentence would be for my first offense now this is an isolated incident and has never happended before. Also my record is completely clean besides this.

The prosecutor offered a 150 dollar fine, 1 day in jail which I served, pay the court costs and a no contact order with my fiancee (victim). Is this a good/fair deal should I take it?


Asked on 5/14/07, 11:35 pm

2 Answers from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

Re: domestic violence 4th degree assault

That depends. A better deal is some kind of continuance or deferral that will dismiss the case off your record after a period of time. However, it depends on the extent of the injury, the evidence against you (circumstancial evidence of violence like visible injury, broken items?) is the victim likely to testify against you, were there other witnesses, who needs to show up to even establish you were the suspect, what statements were made by the victim and you related to the incident. Contact me directly if you'd like to set up a consultation ($200).

At your service,

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Answered on 5/15/07, 3:49 pm
Paul Ferris Law Office of Paul T. Ferris

Re: domestic violence 4th degree assault

You should not proceed with any disposition without legal counsel. If you cannot afford to retain an attorney, apply for a public defender.

Representation by an attorney is the only way to ensure that your rights are protected and that all legal issues are addressed.

If you accept the prosecutor's offer, you give up the right to appeal, you will lose your right to possess firearms (pretty much permanently under federal law) and you may encounter difficulty obtaining employment in certain fields.

The consequences of a criminal conviction endure long after the sting of jail or fines.

You need to sit down with an attorney and review your options. Do not rely on "the interenet" for legal advice.

Any lawyer will give you this advice . . . so how do you know you're not just receiving a sales pitch?! Talk to offenders who have been prosecuted for misdemeanor DV offenses.

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Answered on 5/15/07, 4:08 pm


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