+ Reply to Thread
Results 1 to 8 of 8
  1. #1
    Brood is offline Junior Member
    Join Date
    May 2007
    Location
    Aberdeen, Washington
    Posts
    4

    fourth degree assault first time offense

    What is the name of your state? Washington

    Here is my situation. I have been with my fiancee Krystal for 4 yrs. I was laid off and things have been generally going bad for a couple months. We had been getting in shouting matches pretty frequently. We had started going to counseling and i was diagnosed with depression which I am now taking medication for.

    Now the other day I was charged with a DV assault in the fourth degree. Now I never hit her or put any marks on her. What happened was we got in a fight she started to become hysterical, we were yelling and someone had called the police and when they showed up I was holding and hugging her trying to get her to calm down. The police saw this as assault I guess because she was pushing away from me and yelling at me. Now I spent the night in jail and was charged with the 4th degree assault charge and a no contact order was issued.

    I have no prior criminal record at all and I am 23 yrs old. Now I was just wondering what sort of sentence I would be looking at for a first time offense. But the biggest problem is we both still want to continue our counseling after we have a decent amount of time apart. But we cannot even see each other until all this business is done and and the no contact order is lifted. Any advice would be much appreciated short of telling me to leave her.
  2. #2
    FlyingRon is offline Senior Member
    Join Date
    Feb 2007
    Posts
    16,327
    Assault is the threat. Bodily harm would have been a third degree assault and a felony. Fourth degree is a gross misdemeanor, punishable by a year and/or $5000.

    You need a lawyer. Give him the name of the counselor and any doctors you are seeing (you will probably have to sign a release for all the parties to be able to discuss your case) and see what he can negotiate.
  3. #3
    Brood is offline Junior Member
    Join Date
    May 2007
    Location
    Aberdeen, Washington
    Posts
    4
    Thanks for the advice Ron. First thing I need to do is get a lawyer. The judge said I don't qualify for a public defender because I make to much. Now whoever said making 1800 bucks a month is too much I dont know. But with bills and everything I have about 200 left over. I have talked to lawyers and they said just to prove to the judge you can't afford it and he has to give you a court appointed one. So thats step number one. Thanks again.
  4. #4
    Brood is offline Junior Member
    Join Date
    May 2007
    Location
    Aberdeen, Washington
    Posts
    4
    one last question for everyone. What would be the worst case scenario here, I know the max sentence is a year in jail and a 5000 fine, but realistically it being my first offense and all could I get off with a fine, some probation, and either community service or anger management classes. I am currently a fulltime student and I have worked since I was 16 so I am a productive member of society.
  5. #5
    FlyingRon is offline Senior Member
    Join Date
    Feb 2007
    Posts
    16,327
    Quote Originally Posted by Brood View Post
    one last question for everyone. What would be the worst case scenario here, I know the max sentence is a year in jail and a 5000 fine, but realistically it being my first offense and all could I get off with a fine, some probation, and either community service or anger management classes. I am currently a fulltime student and I have worked since I was 16 so I am a productive member of society.
    You might get off with probation and a condition of that probation will be that you will still have no contact with your ex. Whatever you do, do not even coincidentally go near her or do anything that could be considered as violation of the TRO. My suggestion is to stop screwing around with trying to get a PD. Borrow the money if you have to and get a lawyer. There's no reason for you to pick up a criminal record for the story you presented. (Of course, your perception may be different than your ex's or the police).
  6. #6
    Brood is offline Junior Member
    Join Date
    May 2007
    Location
    Aberdeen, Washington
    Posts
    4
    Well the cheapest attorney I have found is a 2 grand retainer and the thing that sucks is I don't know anyone who could just let me borrow 2000 dollars so a PD is the only thing I can try to get. And yes I was extremely emotional that night of the incident and i have no idea what my fiancee told the police or anything, so my story may be tilted in my favor.
  7. #7
    garrula lingua is offline Senior Member
    Join Date
    Jun 2005
    Posts
    2,924
    'Bear-hugging' to control someone is not unusual in DV.

    It is a battery; she was yelling and trying to get away.

    Maybe the Prosecutor will offer a good plea bargain.
  8. #8
    Bretagne is offline Member
    Join Date
    Oct 2006
    Location
    Northfield, Minnesota
    Posts
    305
    A first-offense domestic can be handled carefully by a defense attorney working with the prosecutor. The state's goal is to help you guys work out your relationship issues so that the cops don't have to keep responding to your house. That really bugs them.

    I'd say borrow the $2k. Get a loan against your vehicle or your house or pawn some stuff. See if he'll take $1k down and set up garnishment of your paycheck for the rest.

    One important consideration: some states treat DV convictions differently than other crimes. After a conviction, future charges may be aggravated. There may be other ramifications after a finding of domestic abuse that can affect custody of your kids. Even administratively, you could get disqualified for working certain jobs after a background check.

    Try to avoid the conviction, if possible.

Similar Threads

  1. Will i do jail time for 3rd degree assault if its my first offence?
    By pat1991 in forum Sentencing / Parole / Pardons / Plea Bargains
    Replies: 7
    Last Post: 12-19-2012, 07:36 PM
  2. DV-assault in the fourth degree
    By cthorson in forum Other Crimes Federal and State
    Replies: 3
    Last Post: 09-09-2011, 11:39 PM
  3. 4th degree assault - possible 3rd offense
    By kysweets in forum Sentencing / Parole / Pardons / Plea Bargains
    Replies: 4
    Last Post: 09-09-2007, 05:27 AM
  4. Need to know possible options, please. 3rd Degree Felony, 1st time offense
    By needhelpinutah in forum Sentencing / Parole / Pardons / Plea Bargains
    Replies: 2
    Last Post: 07-15-2004, 11:39 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.