Assault 4 Defense

Dealing with an Assault 4 (Assault in the Fourth Degree) charge can be an upsetting experience — Attorney Phil Weinberg will help you navigate the challenges you face.

Assault 4 charges carry serious consequences in Washington. If you have been charged; or think you might be charged with assault, you need an experienced and effective defense attorney on your side. Having the right legal representation can make a significant difference in the outcome of your case.

Attorney Phil Weinberg has been defending those accused of assault 4 in Washington since 1986. Call (425) 806-7200 today for a free consultation.

About Assault 4 charges in Washington

The most common degree of assault charge in Washington State, Assault in the Fourth Degree is usually a tremendously stressful and distressing criminal charge to face. It is most often accompanied by a DV ‘tag’ or ‘label’ as — Assault 4 DV. These cases can result in the accused being kicked out of their home sometimes minutes after the police arrive to a 911 call of a “domestic disturbance” on a No-Contact Order (“NCO”) and the accused may be ordered to do burdensome classes.

If your lawyer does not really know his or her way around the system and the various local judges’ and prosecutors’ policies and tendencies in handling such cases, a conviction may result. A DV Assault conviction entails potentially disastrous employment, school and possible immigration consequences. These cases are very hard on the client’s whole family, which occasionally does not survive intact.

I will personally guide you through every stage of the case. I have numerous finely-honed defense approaches that are legitimate, impressively effective and frequently will avoid both jail and conviction. I always have dismissals my first goal, but if that just isn’t possible in a particular case, I will either get you a dignified, livable plea bargain (deal) or fight the government relentlessly at trial if you want that all-out defense and if we have a decent chance of prevailing.

I also have one of the best criminal private investigators and a host of treatment providers whom I’ve worked with for decades hand-in-hand for their very best forensic efforts and reports to help me to defend you. Don’t settle for a beginner or a general practitioner. You deserve better. Assault is now the primary focus of my criminal defense practice. Since 1986, I have defended thousands of people charged with Assault 4.

Legal Basis

Assault in the Fourth Degree (Assault 4) is one of the most commonly charged assault offenses in Washington State. Under RCW 9A.36.041, it is ordinarily a gross misdemeanor punishable by up to 364 days in jail and a $5,000 fine.

However, certain domestic violence-related Assault 4 offenses may be charged as Class C felonies when the statutory requirements are met, including qualifying prior convictions. The law distinguishes between offenses committed before March 18, 2020, and those committed on or after that date.

An Assault 4 charge may involve an allegation of domestic violence (DV). Possible resolutions depend on the evidence, the client’s criminal history, the prosecutor’s position, and the circumstances of the case. Depending on these factors, a case may proceed to trial or be resolved through dismissal, an amended charge, or a negotiated disposition such as a Stipulated Order of Continuance (SOC), when available.

For the complete and current statutory language, see RCW 9A.36.041 — Assault in the Fourth Degree:

Assault 4 / DV & Some Defense Approaches

What is an SOC (Stipulated Order of Continuance)?

A Stipulated Order of Continuance (SOC) is a negotiated resolution of a criminal case that may allow a defendant to obtain a dismissal without a conviction. SOCs are sometimes available in misdemeanor Assault 4 and domestic violence cases, depending on the circumstances, the prosecutor’s agreement, and court approval.

Under an SOC, the criminal case is continued for an agreed period, often one or two years. During that time, the defendant must comply with specific conditions. These may include domestic violence intervention treatment, counseling, evaluation or treatment for alcohol or drug use, payment of fees, compliance with no-contact orders, and avoiding new criminal law violations.

If the defendant successfully completes the SOC requirements, the charge may be dismissed under the terms of the agreement.

What happens if an SOC is violated?

An SOC carries significant risks. Depending on its terms, the defendant may have waived certain trial rights and agreed that the court may decide guilt based on stipulated evidence, such as police reports, if the SOC is revoked.

Failure to comply can therefore result in prosecution resuming and potentially a criminal conviction and sentence.

Can everyone obtain an SOC?

No. An SOC is not an entitlement. Prosecutors may decline to offer one, and some courts or jurisdictions have different policies regarding their availability.

Attorney Phillip L. Weinberg has represented defendants in Washington criminal courts since 1986 and can evaluate whether an SOC, dismissal, negotiated plea, or trial is the most appropriate approach to a particular case.

________________________________

DEFERRED SENTENCES:
A deferred sentence is another possible resolution of certain misdemeanor criminal cases in Washington State. Unlike a Stipulated Order of Continuance (SOC), a deferred sentence ordinarily begins with a guilty plea or finding of guilt.

Under RCW 3.66.067, the court may defer sentencing and impose probation conditions for up to two years. If the defendant complies with those conditions, the court may, for good cause shown, permit withdrawal of the guilty plea and dismissal of the charge. Dismissal is not automatic.

A deferred sentence should not be confused with a resolution that avoids a conviction from the outset. Even after dismissal, the original conviction may remain part of the criminal history record and may have consequences under federal law, including immigration law.

Whether a deferred sentence, SOC, negotiated reduction, or trial is the better option depends on the particular case.

Call Attorney Phil Weinberg at (425) 806-7200. During your free initial consultation, attorney Phil Weinberg will meet with you to discuss the issues you are facing.

Building a Sound Defense for Your Assault 4 Case

As your defense attorney, my objective is to protect your rights, your reputation, and your future. I begin by carefully examining the allegations, police reports, witness statements, available recordings, and other evidence to identify weaknesses in the prosecution’s case and determine the strongest available defense strategy.

Depending on the circumstances, potential defenses may include self-defense, defense of others, lawful defense of property, mistaken identification, conflicting witness accounts, or insufficient evidence. My first objective is to determine whether there are grounds to seek dismissal of the charge.

When dismissal is not available, I evaluate alternatives such as a Stipulated Order of Continuance (SOC), reduction of the charge, or a negotiated disposition that minimizes the consequences. When appropriate, I prepare to challenge the prosecution’s evidence at trial.

Don’t Face an Assault 4 Charge Alone — Call Attorney Phil Weinberg

I have practiced criminal defense law in Washington since 1986, representing clients throughout King and Snohomish Counties.

If you have been charged with Assault 4 in Bellevue, Everett, Lynnwood, Kirkland, Issaquah, Mercer Island, Seattle, Redmond, Kent, Federal Way, Woodinville, Monroe, Bothell, Edmonds, Mountlake Terrace, Shoreline, Marysville, or Arlington, contact me to discuss your case.

Call Attorney Phillip L. Weinberg at (425) 806-7200 for a free initial consultation.