Domestic Violence Charges
Trusted Lynnwood Criminal Defense Lawyer
We understand being charged with an assault can be a confusing and frightening experience. The penalties can have life altering consequences. A person's freedom, employment, and relationship with loved ones are at stake. Do not take an assault charge lightly. It's critical to meet with a Lynwood defense attorney to develop a strategy that will achieve the best possible outcome.
Mr. Sheehy, a former Snohomish County Deputy prosecutor, limits the number of retained cases to ensure personalized, high quality representation. His clients have come to know the difference a dedicated lawyer can make in their case. He will be the only attorney to handle your case so the details won't be lost on an associate.
PENALTIES FOR ASSAULT CONVICTION
An Assault charge can be filed as a felony or a gross misdemeanor. The maximum sentence for a gross misdemeanor is a year in jail and a $5,000 fine. A felony offense can be up to life in prison and a $50,000 fine. The classification depends on a number of factors including the extent of the alleged victim's injuries and whether a weapon was used in the commission of the offense.
The Judge can order jail time after an assault conviction. The length of time in jail will depend on the individual facts of a case, the degree of assault charged, where the case is being prosecuted, the person's criminal history, and if you have an experienced criminal attorney advocating on your behalf.
The Courts routinely require an alcohol and drug evaluation, domestic violence treatment, and a "no-contact order" with the alleged victim. Obviously, restricting contact with a loved one can hurt or destroy your relationship with that person.
There are also four "hidden" consequences of a conviction:
- Losing the right to possess, own or bear a firearm after a DV conviction. .
- Jail time, community service, or electronic home monitoring for simple misdemeanor convictions
- Being barred from contacting the alleged victim or going home
- Limited employment opportunities in the healthcare field, schools, law enforcement, or military service
MANDATORY ARREST FOR DOMESTIC VIOLENCE (DV)
A fourth degree assault is defined as any offensive touching or any act that places another person in fear of being injured. It becomes domestic violence (DV) if the complaining party is a family member or is involved in a dating relationship with the accused. It is defined very broadly and too many people are forced to defend against baseless allegations.
The prosecutor will review the case shortly after you are arrested and they will often aggressively charge the case based on the evidence in the police report. The Government can prosecute the case even if the complaining witness wants it dismissed. They will take her/his opinion into consideration, but the Prosecutor will make the ultimate decision. In many cases, the government can prove the case with or without the victim's testimony.
Contact an attorney
to learn how to use the complaining witness's statement to your advantage.
Unfortunately, the ball has started rolling immediately after an arrest and people who are not looking out for your best interest will make decisions that will negatively impact you for the rest of your life. We highly recommend immediately contacting a criminal defense lawyer to advocate on your behalf and to learn your options.
How to get Assault Charges Dismissed
Defenses to an Assault Charge:
- Mutual Combat:
- The Act Was Not an Assault:
- The Alleged Victim is Not Telling the Truth
There is not a valid defense in every case and some people prefer not to litigate or challenge the complaining witness's statement. Regardless, it is important to seek representation because a skilled Lynnwood criminal lawyer can get the case dismissed, or the charges reduced, or mitigate the sentencing consequences. There are multiple ways to have a successful outcome without a trial.
Aggressive & Reliable Lynnwood Domestic Violence Attorney
Domestic violence cases are some of the most emotionally charged situations requiring a Lynnwood criminal defense lawyer. Hurtful words are exchanged in the heat of the moment, statements are misunderstood, and a person's conduct may be confused and interpreted as a criminal act.
Don't let your personal and professional life be affected because you have been accused of domestic abuse. Michael P. Sheehy, a criminal domestic violence attorney, serving the communities of Mill Creek, Edmonds, Marysville, Bothell, Everett, Lynnwood and surrounding areas has helped clients avoid a conviction for these charges.
Contact a Lynnwood domestic violence attorney
at our law office for a free case evaluation.