QUESTION
What do we need to do on a D4 assault?
Asked on Jun 01st, 2015 on Criminal Law - Washington
More details to this question:
Our son who has been off and on drugs and drinking was staying in a shed behind our house, came home after drinking and wanted my husband to look at his fish. My husband said you've been drinking. He cursed and said horrible things to my husband. My husband asked him to leave our son, refused keep pushing his chest at my husband and said hit me so my husband hit him and was arrested charged with D4 assault.
2 ANSWERS
Thomas Edward Gates
Assault 4 DV is a gross misdemeanor with a sentence range of 364 days in jail and $5,000 fine. As a first offense, he will likely be sentenced to take an anger management class, do community service, pay a fine, have no contact with your son, and be on probation for a year. There may be a diversion program and, if so, he should take it. You should talk to and possibly hire an attorney to represent your husband. This matter is boarder line to go to trial, but I would consider it.
Answered on Jun 05th, 2015 at 1:38 PM
Civil Litigation Attorney serving Seattle, WA
at
The Law Office of Edmund P. Allen Jr., PLLC
Update Your Profile
This is an unfortunate situation. As you have learned, it is the City (or the State) that is bringing the charges, not your son. So even if your son wanted to drop the charges, he can not do so himself. That said, there are a lot of things that can be done to fight the case, as the prosecution will ultimately has to prove an intentional, offensive, non-provoked, and non-self-defense assault. You should contact a lawyer that handles these case for advice specific to your case.
Answered on Jun 05th, 2015 at 12:43 PM