Aggravated Assault Attorney in Tacoma

An aggravated assault charge doesn’t mean you're out of options

Aggravated assault is a serious offense in Tacoma, involving intentional, unlawful threats of violence that may result in severe harm to another person. It often involves weapon use or heightened aggression, thus elevating the severity beyond regular assault charges. 

Understanding how these charges are handled locally is crucial, as Tacoma, like the rest of Washington State, follows specific laws that may influence the case outcome. Consulting a seasoned aggravated assault defense attorney in Tacoma can provide essential guidance through legal intricacies.

Let a trusted aggravated assault attorney in Tacoma protect your rights. Call (253) 300-3034 or contact us online today to schedule your free, confidential consultation.

Understanding Aggravated Assault Charges in Washington State

In Washington State, assault is not a single crime but is categorized into different degrees based on the level of harm caused, the intent of the perpetrator, the use of a weapon, and the status of the alleged victim. The terms "aggravated assault" typically refer to the more serious felony degrees of assault.

Here are the primary classifications of assault in Washington State that are often considered aggravated:

Assault in the First Degree (RCW 9A.36.011)

This is the most severe type of assault and is a Class A Felony. A person is guilty of first-degree assault if they, with intent to inflict great bodily harm:

• Assault another with a deadly weapon or by any force or means likely to produce great bodily harm.
• Administer, expose, or cause to be taken by another any poison or any other noxious or destructive substance causing great bodily harm.
• Assault another and inflict great bodily harm.
• Assault another with a firearm or any deadly weapon (even if great bodily harm is not inflicted).

Assault in the Second Degree (RCW 9A.36.021)

This is a Class B Felony and covers a broader range of aggravated circumstances. A person is guilty of second-degree assault if they:

• Intentionally assault another and thereby recklessly inflict substantial bodily harm.
• Intentionally and unlawfully cause substantial bodily harm to an unborn child by inflicting any injury upon the mother of such child.
• Assault another with a deadly weapon.
• Assault another by strangulation or suffocation.
• Assault another by administering, without the other's consent, any drug, substance, or preparation capable of causing substantial bodily harm.
• Assault another with intent to commit a felony.
• Assault another by unlawfully restraining that person.
• Assault another with a weapon or other instrument that is not a firearm and that is likely to produce bodily harm.

Assault in the Third Degree (RCW 9A.36.031)

This is a Class C Felony and often involves assaults against specific protected individuals, or assault with criminal negligence. A person is guilty of third-degree assault if they:

• Assault a law enforcement officer, firefighter, emergency medical personnel, public transit driver, school bus driver, judge, prosecutor, or court-related employee in the performance of their official duties.
• Assault another person and cause bodily harm by means of a weapon or other instrument or thing likely to produce bodily harm.
• With criminal negligence, cause bodily harm to another person by means of a weapon or other instrument or thing likely to produce bodily harm.

"Aggravating Factors" Beyond the Statutes 

Beyond these definitions, Washington law also recognizes various "aggravating factors" (RCW 9.94A.535) that can increase a sentence even if they don't change the charge's degree. These can include:

• Domestic Violence: If the assault involves family or household members, it carries specific requirements and enhanced penalties.
• Vulnerable Victim: Assaults against children, elderly, or disabled individuals.
• Use of a Deadly Weapon: This is a separate sentencing enhancement, adding mandatory prison time to a sentence if a firearm or deadly weapon was used.
• Prior Criminal History: A significant factor in sentencing.

Understanding the specific subsection of the statute under which you are charged, and how any aggravating factors might apply, is crucial for developing an effective defense strategy. Your Tacoma aggravated assault attorney will meticulously analyze the charges against you.

Penalties for Aggravated Assault Convictions in Washington State

A conviction for aggravated assault in Washington State carries exceptionally severe penalties that can permanently alter an individual's life. The consequences are designed to be highly punitive and often involve mandatory prison sentences under Washington's Sentencing Reform Act (SRA).

For First-Degree Assault (Class A Felony):

• Incarceration: Life imprisonment.
• Fines: Up to $50,000.
• Sentencing Guidelines: For a first-time offender without prior history, the standard range under the SRA can be 93-123 months (approx. 7.75 to 10.25 years). However, the statutory maximum is life.
• "Strike" Offense: First-degree assault is a "most serious offense" (MSO) and a "strike" offense under Washington's Three Strikes Law. Two prior "strikes" can lead to a mandatory life sentence without parole.

For Second-Degree Assault (Class B Felony):

• Incarceration: Up to 10 years in state prison.
• Fines: Up to $20,000.
• "Strike" Offense: Second-degree assault is also a "most serious offense" (MSO) and a "strike" offense, unless committed with criminal negligence causing bodily harm.
• Deadly Weapon Enhancement: If a deadly weapon was used, mandatory minimum prison time will be added to the sentence (e.g., 2 years for a firearm, 1 year for other deadly weapons), which must be served consecutively to the base sentence.

For Third-Degree Assault (Class C Felony):

• Incarceration: Up to 5 years in state prison.
• Fines: Up to $10,000.

Collateral Consequences of an Aggravated Assault Conviction:

Beyond direct legal penalties, an aggravated assault felony conviction carries pervasive, long-lasting collateral consequences:

• Permanent Criminal Record: A felony conviction will remain on your criminal record permanently, severely impacting future employment, housing, and educational opportunities.
• Loss of Civil Rights: This includes the loss of your right to vote (while incarcerated and possibly thereafter), hold public office, and permanently lose the right to possess firearms.
• Professional Licensing: Suspension or permanent revocation of professional licenses (e.g., medical, legal, teaching, commercial driving).
• Immigration Consequences: For non-citizens, an aggravated assault conviction is almost always considered an aggravated felony or a crime involving moral turpitude, leading to mandatory deportation or denial of immigration benefits.
• Social Stigma: The heavy social stigma associated with a violent felony conviction can impact personal relationships and community standing for life.
• Probation/Community Custody: Upon release from incarceration, individuals are typically subject to strict community custody conditions, which can include electronic monitoring, curfews, mandatory counseling, and severe restrictions. Violations can lead to re-incarceration.
• Restitution: You may be ordered to pay substantial restitution to the victim for medical expenses, lost wages, and other damages.
• No-Contact Orders/Protection Orders: Courts often issue permanent no-contact orders preventing contact with the alleged victim, which can impact family dynamics.

The profound and escalating nature of these penalties underscores why immediate engagement with a highly experienced aggravated assault attorney in Tacoma is not merely a preference, but an absolute necessity to protect your future.

Steps to Take If Charged with Aggravated Assault

Facing aggravated assault charges can be overwhelming, but taking prompt action is critical:

• Contact a Defense Attorney Immediately: Engaging a knowledgeable attorney is essential to navigate legal complexities effectively.
• Gather Evidence: Collect any evidence or documentation that may assist in your defense strategy, including witness statements and physical evidence.
• Avoid Speaking to Authorities Without Representation: Ensure your rights are protected by having legal representation during any discussions with law enforcement.

It is equally important to understand the full implications of the charges you are facing, what potential defense strategies can be employed, and how this can impact not only your current situation but also your future. Our team will assess every detail of your case, including procedural details and witness accounts, to build a solid defense aimed at protecting your rights and freedom.

Why Choose Us as Your Aggravated Assault Defense Attorney in Tacoma

At Hester Law Group, we bring over 130 years of combined legal experience, positioning us as trusted advocates in Tacoma’s legal community. Our attorneys' outstanding credentials, including a 10.0 Superb Avvo Rating, highlight our commitment to providing comprehensive legal defense tailored to each client's needs. Tacoma residents choose us not only for our extensive experience but also for our proven track record in achieving favorable results in state and federal courts.

Our team’s familiarity with the local nuances of Tacoma’s legal environment allows us to provide insights that other firms might overlook. We leverage our extensive experience and prestigious recognitions to navigate high-pressure situations while maintaining client confidentiality and privacy. Our hands-on approach ensures that each client feels supported every step of the way, with clear communication and strategic advocacy tailored to confront each unique legal challenge.

Protect Your Future with Trusted Legal Defense

If charged with aggravated assault, securing proficient legal representation is crucial to protecting your rights and future. At Hester Law Group, we offer free consultations to evaluate your case and chart a course for defense. Our Tacoma-based team is dedicated to delivering personalized service, navigating the complexities of Washington’s legal landscape, and working tirelessly towards favorable outcomes.

Our approach is grounded in understanding each client's unique circumstances, providing compassionate yet assertive representation to ensure you do not face the legal challenges alone. Combining our legal prowess with a strong sense of empathy allows us to fight for justice while providing clients with reassurance and clarity about their future possibilities.

Call us today at (253) 300-3034 or fill out this online form to schedule your consultation and begin crafting your defense strategy.