The Washington State Sentencing Guidelines If your case enters the sentencing phase, a judge will refer to the Washington sentencing guidelines to decide the penalties you will face. Washington Felony Sentencing Provisions. Once the police are called for a domestic disturbance, the case can potentially go through seven steps before it is resolved. DOC Policy 320.010 Pre-Sentence Investigations and Risk Assessment Reports Ordered by the Court. Every offender is given points based on the . Like all other crimes of DV, a conviction for Assault 4 will carry certain mandatory consequences that would include treatment and a loss of other certain civil liberties. When domestic violence is reported, there is a mandatory arrest law in Washington. Assault is generally defined as an attempted battery on a person, which is the unauthorized application of force against or the offensive touching of a victim. The standard sentencing range (if he has no prior felonies) is 6 - 12 months. Class B or C felonies are punishable by between 5 and 10 years in jail or $10,000 to $20,000 in fines. Therefore, Assault 3rd (f) or (d) with S/M is the most strategic plea, if your client must plead to a felony. In Washington State, assault in the fourth degree is defined as any type of assault that does not rise to the level of first, second, or third degree assault. An assault that is also a violation of a no contact order is a Class C felony. Since there is often no physical evidence of an assault, being wrongfully accused of Assault 4 is very common. 4th degree assault is widely defined and any intentional unwanted touching (or unwanted physical contact that is attempted but missed) can meet the Phone: Office: (425) 806-7200. 2011-2014 DOC community supervision was eliminated for those convicted of first Failure to Register with a moderate/low risk level, and those with a prior offense and convicted after 8/1/11 of misdemeanor Assault 4 or Violation of Domestic Violence Court Order. In Washington, a person commits the crime of simple assault (also called assault in the fourth degree), a misdemeanor, by hitting, touching, or attempting to injure another; or intentionally placing another in fear of injury by some physical act. With a fourth-degree assault charge, you could receive a punishment of up to 364 days in jail. In addition, you may also have to pay a hefty fine up to $5,000. If the juvenile is 16 or 17 years old, a hearing is required to determine if the minor should be charged as an adult. Bellevue Office: 40 Lake Bellevue Drive. Third degree assault, a class C felony, carries a sentence of up to 5 years in prison, a fine of up to $10,000, or both. (3) Notwithstanding subsection (2) of this section, assault in the fourth degree under subsection (1) (a) or (b) of this section is a Class C felony if the person commits the crime of assault in the fourth degree and: (a) If you need help with an Assault / Domestic Violence or other criminal charge anywhere in King County or Snohomish County. Fourth-degree assault. (a) Stigmatize the carrying and use of any deadly weapons for all felonies with proper deadly weapon enhancements. DOC must supervise those . All original material and applications are the copywrighted property of Martonick Law Office 2014. . Fourth degree assault is a gross misdemeanor punishable by up to 364 days in jail and a fine of up to $5,000. Fourth Degree Assault is a gross misdemeanor in Washington State and jail time ranges from 0 to 364 days, with fines of up to $5000. . Substance abuse treatment, community service, home detention, and anger management classes can also be court ordered. Call Attorney Phil Weinberg when you need real help. Assault 1, 2 and 3 are more serious charges and are all felonies. . DOC Policy 350.200 Offender Transition and Release. In Washington State, assault charges are divided into four degrees or categories, depending on the circumstances of the offense. 1st Degree Assault is normally charged when a permanent injury or deformity results from an assault. (1) A person is guilty of assault in the fourth degree if, under circumstances not amounting to assault in the first, second, or third degree, or custodial assault, he or she assaults another. Prior to the new statute, there was no mandatory jail sentence if convicted of Assault 4 DV. See RCW 26.50.110 (4). This means. DOC Policy 320.400 Risk and Needs Assessment Process. The guidelines include the Washington state sentencing grid (Revised Code of Washington, Section 9.94A.510). 2nd Degree Domestic Assault To accomplish this evaluation, the Washington state institute for public policy shall conduct a study of the sentencing revisions. Assault 1 is a Class A felony, which is the most serious type of felony. 4. In Washington State, a gross misdemeanor is punishable by up to 1 year in jail, a $5,000 fine, or both. Mobile/Text: (425) 367-1122. Assault 4 is the least severe charge and is a gross misdemeanor. Assault 2 and Assault 4 are the two levels of assault crimes most often charged in domestic violence cases. RCW 9.94A.510 shows this grid in its entirety. Suite 100-B. Prosecution and Sentencing Assault in the 4th Degree is typically charged as a gross-misdemeanor, punishable by up to 364 days in jail or a fine of up to $5000, or both. Assault in the fourth degree is a Class A misdemeanor. it is a gross misdemeanor that is punishable by up to 364 days in jail and a $5,000 fine, with no mandatory minimum jail time (unless there is a special designation such as domestic violence ). 7031 Koll Center Pkwy, Pleasanton, CA 94566. RCW 9A.36.041 It is punishable by a maximum of 364 days in jail and a $5,000 fine. You will lose the right to possess a firearm and the police officers may issue a no-contact order, prohibiting you from interacting with the victim. Assault in the fourth degree. A conviction for Assault 4 will result in a loss of gun rights if there is a domestic relationship . The study shall: (1) Be conducted starting January 1, 2001; (2) examine whether the revisions have affected the rate of initial offense commission and recidivism; (3) determine the impacts of the revisions by age, race, and gender impacts of the revisions; (4 . You may also be ordered to attend anger management or substance abuse classes, and/or to complete a period of probation. In order to decide how much jail time a person convicted of a crime should be granted, judges in the state use a sentencing grid. Assault of a Child First Degree with Sexual Motivation . #3 There Are Defenses to Assault Charges C. Safest Misdemeanor: Pros and Cons for determining which conviction is best for your client. Owen Ray, a former colonel in the U.S. Army at Joint Base Lewis-McChord, addresses Pierce County Superior Court Judge Timothy Ashcraft during his sentencing hearing on Friday, Oct. 28, 2022, in . * First Degree Assault (Assault 1) - RCW 9A.36.011 (1) An offender who is not a persistent offender shall be sentenced under this section if the offender: (i) Rape in the first degree, rape in the second degree, rape of a child in the first degree, child molestation in the first degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; That is not the case with Felony Assault 4 DV. This is a gross misdemeanor punishable by up to a year in county jail and up to $5,000 in fines. DV Assault 4 is a gross misdemeanor and a conviction can result in up to 364 days of jail time, loss of gun rights, and a $5000 fine. These are intentional acts of harm or assault. Washington State DUI Sentencing Grid The number of times you have been arrested for or charged with DUI has a significant bearing on how you will be treated by the system. Penalties also increase if the assault . 2nd Degree Assault is typically charged when a . Sentencing of sex offenders. There are no minimum jail or fine penalties. If you are asking for the possible penalties for assault in the fourth degree, RCW 9A.36.041 provides " (2) Assault in the fourth degree is a gross misdemeanor." The statutes are at http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.36 . Assault 2 is a felony offense but Assault 4 is a gross misdemeanor offense. Assault in the Fourth Degree A fourth-degree assault charge is a gross misdemeanor in Washington State and is punishable by up to a year in county jail and/or a $5,000 fine. In 2017, the Washington State Legislature created a new classification of assault that results in felony-level punishment for what was previously classified as a non-felony act. See Mandatory DV Consequences . 2017 Washington State Adult Sentencing Guidelines Manual, ver 20171201 ix Sanctions and Procedures (RCW 9.94A.633) 77 However, a conviction or a guilty plea can result in a significant jail sentence if the judge feels that it is necessary. Assaults that cause serious or substantial bodily harm . Below are Department of Corrections (DOC) policies that apply to sentencing. Domestic Violence Police Response. The following is a summary of the domestic violence criminal process in Washington State: 1. Attempted Assault 3rd Degree - with S/M under (d) or (f) negligence prongs Assault 4th Degree - with S/M enhancement DOC Policy 380.450 Electronic Monitoring. Cops, prosecutors, judges, treatment agencies and even defense attorneys will all analyze your situation differently based on how many times you have been charged with DUI. There are four degrees of Assault under Washington law. More 0 found this answer helpful | 0 lawyers agree Helpful Unhelpful 0 comments Blake Nathaniel Dore For example, a conviction for Assault 1 is punishable by a maximum sentence of life in prison and a $50,000 fine. The maximum is 5 years (but that's a pretty unlikely sentence). Bellevue, WA 98005. (b) Reduce the number of armed offenders by making the carrying and use of the deadly weapon not worth the sentence received upon conviction. The degrees are separated by level of seriousness and corresponding penalties, with First Degree Assault being the most serious. (2) Assault in the fourth degree is a gross misdemeanor, except as provided in subsection (3) of this section. Washington State Sentencing Guidelines Calculator is created by Martonick Law, Pullman, Washington and is based on the 2012/2013 Washington State Adult Sentencing Guidelines Manual. Prison and a fine of up to 364 days in jail, a gross misdemeanor punishable by up $. 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