Legal Question in Criminal Law in Washington

Felony assault charges

I was charged w/ 2nd an 3rd degree. I was never notified in writing that I had been charged they called and told me the day before my arraignment and they filed it 11mo after the incident. Is that OK? The prosecutor was willing to drop it down to two 3rd degrees. They contacted the couple and the husband was OK with doing that but the wife was not. Since the 2nd degree was against the husband anyway why wouldn't the prosecutor grant that. The wife's charge is staying the same? Also, is there any other penalty for the 2nd besides jail, like work release. My attorney didn't know. Also, do judges care if you have done things since an incident occured to rehab youself, ie; violence intervention program, AA, Mental health treatment? Will it affect sentencing in a positive way? One last thing if someone kept grabing you(regardless of there intent in doing so) and wouldn't stop so you hit them, is that considered self defense? I look forward to hearing from you.


Asked on 12/04/05, 9:40 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Felony assault charges

Those are excellent questions you ask. Yes, it is okay they waited 11 months to file. It sounds like your deal should go through since they would only be reducing the husband's charge. Yes, there are alternatives to jail like work release, house arrest and some others. Judges care very much if you engage in rehabilitative treatment. For that matter, so do many prosecutors. The things you name would benefit you at sentencing and maybe even in plea bargaining. Grabbing someone is a 4th degree assault and you would be allowed to use "reasonable force" to defend yourself. "Reasonable" is decided by the jury. Further, there is no duty to retreat in Washington meaning you are allowed to stand your ground and defend yourself. Perhaps you should consider hiring me as your lawyer. I would want $3,000 to start representation of you and another $4,000 if we set the matter for trial. Contact me directly if you need further assistance. I love self-defense trials as, once it is raised as a defense, the prosecutor has to prove beyond a reasonable doubt that it was not self-defense. These cases are very winnable by the defense. Also, there is a law that allows you to get reimbursed by the prosecutor for fees if you win on a self-defense claim.

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Answered on 12/05/05, 11:51 am


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