Tacoma Assault Lawyer

Understanding Assault Laws in Washington State

Assault is unwanted physical contact or a threat of contact that is considered to be offensive to the alleged victim. It may or may not result in an actual injury. How it is charged will depend on what type of physical contact was involved, whether it resulted in injuries, and if a weapon was used.

Have you been accused of assault in or around the Tacoma area? An allegation of assault can be serious, leading to potential jail time, fines, probation, and a permanent criminal record. When accused of this offense, it is in your best interests to bring in a trusted Tacoma assault defense lawyer from Hester Law Group as soon as possible for your defense.

If you have not been charged, we may be able to negotiate with the prosecutor to drop the charge. If you have been charged, it is vital that your legal rights are protected in the face of investigators, law enforcement, and judges.

Contact a Tacoma assault defense lawyer at (253) 300-3034 or fill out this online form to schedule a free consultation about your case.

What Is the Difference Between Battery & Assault in Washington State?

In Washington State, "battery" and "assault" are two separate but related crimes.

• Assault is defined as intentionally causing or attempting to cause bodily injury to another person, or intentionally placing another person in fear of imminent bodily harm. Assault can be charged as either a misdemeanor or a felony, depending on the severity of the offense and the circumstances surrounding it.
• Battery, on the other hand, is the unlawful touching of another person without their consent. Battery can also be charged as either a misdemeanor or a felony, depending on the severity of the offense and the circumstances surrounding it.

In simple terms, assault is the threat of violence or the attempt to cause harm, while battery is the actual physical contact or touching of another person without their consent. However, the two crimes can overlap, as an assault can also involve battery if physical contact is made.

What Is Aggravated Assault & Its Implications?

According to Washington State law, aggravated assault is defined as an unlawful attack by one person on another wherein the offender uses a weapon or displays the apparent ability to use a deadly weapon, and the victim suffers serious bodily injury. Additionally, any assault that is committed with the intent to commit rape, robbery, or another felony is considered aggravated assault.

On the other hand, simple assault is defined as an unlawful attack by one person against another, without the use of a weapon. However, both types of assault are serious crimes that can result in jail time, fines, and other penalties. If you have been charged with either type of assault, it is important to understand the difference between the two and what you may be facing.

What are the Penalties for Assault in Washington State?

Unfortunately, prosecutors can be overzealous and file charges before the facts are known. You could be charged with assault when no injury has occurred and with no actual evidence except the accuser’s statement. In cases where the assault offense involved a family member, domestic violence can also be added to the charges.

The various types of assault in Washington include:

• Fourth-degree assault, which may be any unwanted touching, charged as a gross misdemeanor punishable by up to a year in jail and fines of up to $5,000
• Third-degree assault, which results from contact with a firefighter, law enforcement officer, or other specified public servant, charged as a Class C felony punishable by up to five years in prison and fines of up to $10,000
• Second-degree assault, in which bodily harm was inflicted with force or a deadly weapon, charged as a Class B felony punishable by up to 10 years in prison and fines of up to $20,000
• First-degree assault, resulting in great bodily harm inflicted with force or a deadly weapon punishable by up to life in prison and fines of up to $50,000

Bringing in a criminal defense attorney as soon as possible is crucial. Our firm will conduct a thorough investigation into all of the facts and circumstances surrounding your case. As trial-tested attorneys, we have the skills, resources, and knowledge to build a defense designed to give you the best chance of a favorable outcome.

What to Do If You’re Arrested for Assault in Tacoma?

If you’re arrested on suspicion of assault, what you do in the hours and days following can significantly affect the outcome of your case. From a legal standpoint, here are the most critical steps you can take:

1. Remain Silent - You have the right to remain silent—and you should use it. Do not try to explain yourself or argue with officers. Anything you say can and likely will be used against you.
2. Do Not Contact the Alleged Victim - Even if you believe the situation was a misunderstanding, contacting the alleged victim directly can worsen your legal situation. It may violate a temporary protective order, be used to allege witness tampering, or backfire in court.
3. Document Everything - As soon as possible, write down everything you remember about the incident, including who was present, what was said, and any evidence that may support your version of events. We can use these details to build your defense.
4. Avoid Social Media - Do not discuss your case publicly. Prosecutors often monitor social media and may use posts, photos, or comments to undermine your defense. Silence is your strongest ally.
5. Contact Legal Representation Immediately - Time is critical. The sooner a skilled Tacoma assault attorney is involved, the more options you will have. From negotiating with the prosecutor to preparing for trial, early legal intervention often makes the difference between conviction and dismissal or reduction.

How to Defend Against Assault Charges With an Assault Lawyer in Tacoma?

If you are facing assault charges in Tacoma, several defense strategies may be available to protect your rights and achieve the best possible outcome. Common defenses include self-defense, where you acted to protect yourself or others from imminent harm, and lack of intent, which challenges whether you meant to cause harm. Mistaken identity can also be used if the evidence points to someone else, while a lack of sufficient evidence can lead to charges being dropped or reduced.

Additionally, in some cases, the defense of consent may apply, particularly if both parties agreed to engage in physical contact, such as during a sporting event. A Tacoma assault defense lawyer will carefully assess the facts of your case, ensuring the most effective defense is employed to challenge the prosecution’s claims and protect your future.

Why Choose Hester Law Group for Your Assault Defense?

When facing assault charges, it's crucial to have a dedicated legal team by your side. At Hester Law Group, we pride ourselves on our commitment to defending your rights and providing personalized legal strategies tailored to your unique situation. Our experienced attorneys understand the complexities of assault cases in Tacoma and are prepared to navigate the legal system on your behalf.

Here are a few reasons why we stand out as your best choice for assault defense:

• Proven Track Record: Our attorneys have successfully represented numerous clients in assault cases, achieving favorable outcomes through diligent preparation and strategic negotiation.
• Comprehensive Legal Support: We offer end-to-end support, from initial consultation to trial representation, ensuring you are informed and empowered every step of the way.
• Compassionate Approach: We understand the emotional toll that legal issues can take. Our team is here to listen, support, and advocate for you with empathy and respect.
• Tailored Defense Strategies: Every case is unique. We take the time to understand the specifics of your situation, allowing us to craft a defense strategy that best serves your interests.
• Free Initial Consultation: We believe everyone deserves access to quality legal representation. Our free consultation allows you to discuss your case with no obligation, giving you the opportunity to understand your options.

Don’t leave your future to chance. Contact Hester Law Group today to schedule your free consultation and take the first step toward a strong defense.

Call our Tacoma assault attorneys at (253) 300-3034 or contact us online today.

Common Misconceptions About Assault Charges in Tacoma

Many individuals charged with assault are unsure of what the charge actually means or how serious the consequences can be. As a trusted Tacoma assault attorney, we frequently address confusion surrounding these issues.

• "It Was Just a Shouting Match—How Is That Assault?" - Washington law doesn’t require actual physical injury to charge someone with assault. Even the threat of bodily harm or an attempt to strike someone can be grounds for a charge. This is particularly true in fourth-degree assault cases.
• "I Didn’t Start the Fight—Why Am I Being Charged?" - Law enforcement may arrest someone based on incomplete information, and prosecutors might move forward even if you didn’t initiate the incident. The law does not always consider who started it but rather whether unlawful force was used.
• "If the Victim Drops the Charges, the Case Is Over." - In Washington, once a charge is filed, only the prosecutor has the authority to drop it—not the alleged victim. Even if the other party wants to withdraw the accusation, the state can continue to pursue the case.
• "It Was an Accident—That Shouldn’t Be a Crime." - While accidental harm may lead to lesser charges or provide a defense, it doesn’t automatically remove legal responsibility. Prosecutors may argue negligence or recklessness depending on the situation.

Clarifying these issues early in the case helps clients make informed decisions and avoid false assumptions that can lead to poor outcomes. An experienced Tacoma assault lawyer can provide the accurate legal interpretation needed to move forward confidently.

Frequently Asked Questions About Assault Defense

How Does Local Law Impact Assault Charges?

Local laws and policies greatly influence the handling of assault charges in Tacoma. From the specific definitions of assault types to the penalties involved, state mandates guide municipal court actions. Being part of the Puget Sound region, Tacoma courts often deal with higher caseloads, which can affect the speed and handling of cases.

Can Assault Charges Be Reduced or Dropped?

Assault charges can sometimes be reduced or dismissed depending on evidence quality, prosecution willingness, and whether it's a first-time offense. Negotiation with prosecutors or providing compelling evidence to challenge their claims are potential strategies.

How Can Hester Law Group Support My Defense?

Hester Law Group offers robust, client-focused defense strategies informed by extensive local experience and recognition. We handle every aspect from investigation to courtroom defense, ensuring your rights and goals remain prioritized throughout the legal process.