Assault Charges in Bellingham? Here’s How Criminal Attorneys Defend You
Facing violent crime charges can completely change your life. Even if you aren’t convicted, you still find yourself facing an arrest record that shows up on background checks. You might be embarrassed by other people finding the public information. A good Bellingham assault attorney can help mitigate this by representing you in your case.
Even something as simple as spitting at someone else could be considered assault in Washington. If you find yourself facing assault charges in Bellingham, it’s normal to feel uncertain or scared, but don’t let yourself freeze or fail to take action. Those facing such charges need Bellingham assault attorneys on their side to help navigate the complex legal proceedings to come.
At Washington Criminal Attorneys, PLLC, we defend assault cases like these daily in the Puget Sound region. Whether you’ve found yourself with a misdemeanor assault charge or you are fighting a felony, we’re ready to explain everything to you and guide you through the legal system.
The Revised Code of Washington (RCW) explains assault charges in detail in Chapter 9A.36. Among others, it includes:
- RCW 91A.3.011: Assault in the first degree (Assault 1)
- RCW 9A.36.021: Assault in the second degree (Assault 2)
- RCW 9A.36.031: Assault in the third degree (Assault 3)
- RCW 9A.36.041: Assault in the fourth degree (Assault 4)
There is no official definition of assault in the RCW, but Washington courts agree on one. According to the Washington Pattern Instructions Committee, who is responsible for providing statewide jury instructions, “An assault is an intentional touching or striking or cutting or shooting of another person, with unlawful force, that is harmful or offensive regardless of whether any physical injury is done to the person.”
In other words, any sort of unwanted touch, strike, cut, or shooting that an average person would find reasonably offensive may be considered assault, even if it didn’t leave behind a physical injury.
In Bellingham, misdemeanor and gross misdemeanor assault are handled by the Bellingham Municipal Court. If you’ve been arrested for Assault 4 in Bellingham, you’ll likely attend arraignment and all other court appearances at this location. Felony assault charges are handled by Whatcom County Superior Court.
If you can’t afford an attorney, you have the right to one. While Bellingham doesn’t have a public defender’s office like some other cities, it contracts with local private attorneys to provide counsel to those in need through the Assigned Counsel program.
Face Your Assault Charge With Washington Criminal Attorneys, PLLC
A good Bellingham assault attorney understands the nuances in the laws surrounding the charges and the best defenses possible. We respect the sensitivity and severity of these cases and what they could mean for you.
How Our Bellingham Assault Attorneys Help
Your Washington State defense lawyers stand between you and the full brunt of the judicial system, so choose wisely. Our Bellingham assault attorneys know how to navigate these complex cases. They help you by:
- Protecting your constitutional rights and ensuring you receive a fair trial
- Investigating the case to help craft defenses
- Negotiating with the prosecution to seek a more favorable outcome
- Representing you in court
- Ensuring you understand the legal processes occurring
Misdemeanor vs. Felony Assault in Bellingham
In Washington, assault in the fourth degree is considered a gross misdemeanor, while first through third-degree assaults are charged as felonies. These designations are based on the severity of the assault and the sentence.
Assault in the First Degree
Assault in the first degree is the most severe type of assault in Washington, and it carries a class A felony designation.
RCW 9A.36.011 defines Assault 1 as intentionally assaulting another with a firearm or deadly weapon to cause serious harm or death. Certain other parameters can warrant an Assault 1 charge, such as:
- Transmitting HIV to a child or vulnerable adult
- Intentionally poisoning someone
- Inflicting great bodily harm
Assault in the Second Degree
According to RCW 9A.36.021, someone may be charged with Assault 2 if they intentionally assault another in a way that does not amount to an Assault 1 charge. This may include:
- Intentionally inflicting substantial bodily harm
- Intentionally causing substantial bodily harm to an unborn child by intentionally hurting the mother
- Assaulting someone with a deadly weapon
- Poisoning someone with the intent to cause bodily harm
- Assaulting someone while intending to commit a felony
- Knowingly harming someone to inflict pain
- Strangling or suffocating someone
Assault 2 is typically considered a class B felony. However, if it’s found that there was sexual motivation as defined by RCW 9.94A.835 or 13.40.135, it can be aggravated to a class A felony.
Assault in the Third Degree
Assault 3 applies when someone assaults certain public or governmental employees while working official duties. Some protected employees listed in RCW 9A.36.031 include:
- Bus drivers
- Firefighters
- Law enforcement officers
- Health care providers
- Court officers
Someone may also be charged with Assault 3 if they cause bodily harm through criminal negligence or if they harm someone using a weapon or tool likely to inflict injury. This class C felony comes with a maximum sentence of a $10,000 fine and five years in prison.
Assault in the Fourth Degree
Any other assault that doesn’t meet the requirements of Assault 1, 2, or 3 is typically charged as Assault 4. This could be something as simple as spitting on someone or pushing them. It could also encompass hitting or otherwise inflicting nonserious injuries that don’t require medical attention.
Assault 4 is typically a gross misdemeanor. However, RCW 9A.36.041 also dictates that Assault 4 may be charged as a class C felony if the crime has a domestic violence (defined in RCW 10.99.020) designation and the offender has two or more prior adult convictions within the last decade.
What to Do When Facing Assault Charges in Bellingham
If you find yourself facing assault charges in Bellingham, don’t panic—and certainly don’t say more than you have to. You have the right to remain silent. You also have the right to an attorney. As soon as you’re charged with any kind of assault, the first order of business is to locate an attorney who can help you.
What to Look For in a Good Bellingham Assault Attorney
Excellent Bellingham assault attorneys have:
- Extensive experience fighting assault cases in Bellingham and Whatcom County courts.
- Familiarity with local judges and prosecutors in Bellingham and Whatcom County.
- Transparency and excellent communication when explaining the legal process and any potential outcomes.
- A good reputation with both clients and court officials.
Call on Our Bellingham Assault Attorneys to Represent You
Don’t leave your case up to chance. Reach out today for your free initial consultation and case evaluation to learn more about your legal rights. Our Bellingham assault attorneys are standing by, ready to help with your criminal defense.
