Category Archives for Domestic Violence

Degree of Injury as it Relates to Assault Charges in WA State

In the state of Washington, assault charges are the result of unwanted or offensive physical contact. This contact doesn’t have to necessarily cause an injury, but if “offensive” to any reasonable person, a charge of assault may be brought.  Even in situations where the victim does not press charges, the prosecution may proceed with filing charges. If the individual is convicted of assault charges, then they my face serious consequences including jail or prison, extensive fines and even the loss of their current or future employment.

The Seriousness of a WA Assault Charge

In addition to filing the charges, the prosecution will determine the degree of assault in charging the defendant. Even if there are not any witnesses to the alleged assault, or evidence supporting that it happened, a person may still face serious charges.

Types of Assault and Injuries They Cause

The types of assault that a person may be charged with in the state of Washington include:

  • Assault in the First Degree: One assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or death; or administers, exposes, or transmits to or causes to be taken by another, poison, the human immunodeficiency virus or any other destructive or noxious substance; or assaults another and inflicts great bodily harm. Considered a Class A felony and punishable by 93-123 months in prison with fines up to $50,000 for a first-time offender and life in prison for a repeat offender.
  • Assault in the Second Degree: A person is guilty of assault in the second degree if he or she, under circumstances not amounting to assault in the first degree: Intentionally assaults another and thereby recklessly inflicts substantial bodily harm or torture, or causes substantial bodily harm to an unborn quick child by intentionally and unlawfully inflicting any injury upon the mother of such child; or assaults another with a deadly weapon; with intent to inflict bodily harm, administers to or causes to be taken by another, poison or any other destructive or noxious substance; or assaults another by strangulation or suffocation. Considered a Class B felony and punishable by a maximum of 10 years in prison and a $20,000 fine, this charge is filed if there are substantial injuries, accusation of strangulation or choking or if a deadly weapon was used.
  • Assault in the Fourth Degree: This is the most common type of assault charged in Washington and is considered a gross misdemeanor, punishable by up to 364 days in jail and a fine of up to $5,000.
  • Domestic Violence: If the Domestic Violence designation will attach if there is a domestic relationship between you and the victim, which will increase the severity of potential consequences.  Domestic is defined as family or household members means spouses, domestic partners, former spouses, former domestic partners, persons who have a child in common regardless of whether they have been married or have lived together at any time, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, and persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship.

A conviction with the DV designation will include the penalties of the assault charge as well as a loss of firearms, possibly DV treatment and a no-contact order, prohibiting contact between accused and the alleged victim.

  • Self Defense: An Affirmative Defense to Assault Even if the other person was injured, the defendant may have been acting in self-defense. This defense can be used if the individual was attacked, believed they were going to be attacked, used force while defending someone else, or were defending real estate or personal property.

 If you have been charged with assault in the state of Washington, the best thing you can do is speak with an attorney. Even if you haven’t been charged but anticipate you may be, contact the law offices of Kim E. Hunter today to discuss your case and receive quality and compassionate defense services.

 

Domestic Violence isn’t Always What It Seems

When you hear the term “domestic violence” what do you think about? You may automatically think of a horrific crime, such as the case where a former police officer shot and killed his wife and a Good Samaritan who had stopped to provide her with help last year.

However, according to domestic violence experts, they agree that it is time to look beyond, without ignoring, the violence. The real signs of a possibility of violence usually lie with one partner’s desire to have control and power over the other person. However, this may also lead to “bogus” accusations because even if someone’s partner seems a bit controlling, it may not equate to actual cases of domestic violence.

The Need to Gain an Advantage in Family Law Cases  

One of the main reasons someone may attempt to claim they were abused by their partner is to gain an advantage in a family law case. During a divorce, or child custody case, one individual may think it will give them the ability to get what they want if they accuse their former partner of being abusive. Unfortunately, there are many cases where this accusation is considered legitimate, leaving the accused party not only unable to (in many cases) see their children, but also facing other charges and issues due to the claims.

To Garner Attention

In the day of social media, a ready and willing audience is at everyone’s beckon call – any time, day or night. However, if certain actions, photos and posts don’t garner the attention a person is seeking, then they may make up stories. This is especially the case if they were hurt or embarrassed by someone in particular. As a result, the individual may make claims of domestic abuse or violence. Since “social media is forever,”

Is There Help?

Unfortunately, people are wrongly accused of domestic abuse and violence all the time. While the situation may seem hopeless because in many cases it is a situation of one person’s word against someone else’s, there are attorneys who can help. If a person has been wrongly accused of this action, they should understand there are options and help available.

To find out more about fighting domestic abuse or violence accusations or charges, contact the Law Offices of Kim E. Hunter. Here you can find information about this situation and what options you have.

The 3 Biggest Ways a Domestic Violence Lawyer Can Help You Fight Abuse

If you are a victim of any type of domestic violence, let a domestic violence attorney such as Atty. Kim Hunter help you. These legal professionals can help you eliminate the threat and consequences of domestic violence in a number of ways, such as obtaining an order of protection or filing for divorce. Below are three of the functions of a domestic lawyer that can be difficult to perform yourself.Continue reading

Some Savvy Tips and Legal Aid from a Domestic Violence Lawyer Can Help You Overcome the Charge

Domestic violence is a serious enough matter that nearly 20 people per minute are victims of it in the United States alone. Allegations in this regard are upheaving to all concerned. If you are ever charged with domestic violence, you need to know how to handle yourself on the legal landscape.

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