What is Assault 4 DV in Washington State?
Domestic violence (DV) is a serious issue that affects individuals and families across the United States, including Washington state. Assault 4 DV is a specific criminal charge that is taken seriously by law enforcement and the legal system. In this article, we will provide an overview of what constitutes Assault 4 DV in Washington state, the potential penalties, and the consequences of a conviction.
What is Assault 4 DV?
Assault 4 DV is a felony charge that is considered a more severe offense than simple assault. According to Washington state law, RCW 9A.36.050, "Assault in the Fourth Degree" is committed when a person:
- Knowingly causes another person to suffer physical harm; and
- The assault occurs in the presence of that person’s family or household members, or in any other circumstances that could reasonably be expected to cause emotional distress to that person; and
- The actor is a family or household member of the victim (spouse, former spouse, adult child, child, parent, or someone with whom the actor has a dating relationship).
This means that if you assault someone who is a family member or household member, and the assault causes them physical harm, you could be charged with Assault 4 DV.
Other Factors that Constitute Assault 4 DV
There are several other factors that can contribute to a charge of Assault 4 DV, including:
- The use of a deadly weapon during the assault
- The assault occurs in a school zone or on school premises
- The victim suffers serious physical harm as a result of the assault
Penalties for Assault 4 DV
The penalties for Assault 4 DV are severe and can include:
- Jail time: Up to 5 years in jail
- Fines: Up to $10,000
- Probation: Up to 5 years
- Restitution: To the victim for any costs related to the assault
- Loss of privileges: Such as the right to own or possess firearms
Consequences of a Conviction
A conviction for Assault 4 DV can have significant consequences, including:
- Loss of rights: Such as the right to own or possess firearms
- Impact on employment: A felony conviction can make it difficult to find employment or advance in your career
- Impact on relationships: A conviction can damage relationships with family and friends
- Impact on reputation: A felony conviction can result in a permanent record
Defenses to Assault 4 DV
If you are facing charges of Assault 4 DV, it is essential to seek the advice of an experienced criminal defense attorney. Here are some potential defenses:
- Self-defense: If you were acting in self-defense, you may be able to claim a defense
- Defensive display: If you displayed a weapon or force to protect yourself or someone else, you may be able to claim a defense
- Mistaken identity: If the victim was mistaken about who committed the assault, this could be a defense
Table: Assault 4 DV vs. Assault 3 DV
| Assault 4 DV | Assault 3 DV | |
|---|---|---|
| Penalties | Up to 5 years in jail, $10,000 fine | Up to 1 year in jail, $5,000 fine |
| Injury | Causes physical harm | Causes or attempts to cause physical harm |
| Circumstances | Occurs in presence of family/household members | Does not occur in presence of family/household members |
Conclusion
Assault 4 DV is a serious criminal charge in Washington state that carries severe penalties and consequences. It is essential to understand what constitutes Assault 4 DV and the potential defenses that may be available. If you are facing charges of Assault 4 DV, it is crucial to seek the advice of an experienced criminal defense attorney to help you navigate the legal process and achieve the best possible outcome.
