Provide a brief description (or title) to your question. DI have an assault charge of the fourth degree. My Pre-trial is coming up. I have been reject

UPDATED: Jun 22, 2009

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Provide a brief description (or title) to your question. DI have an assault charge of the fourth degree. My Pre-trial is coming up. I have been reject

Asked on June 22, 2009 under Criminal Law, Washington


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

In Washington State, assault in the fourth degree is a gross misdemeanor, punishable by a year in jail and/or $5000.

Your question was cut-off.  If you need legal counsel contact the public defender.  If you have been rejected by them as not qualified (there are income limits), then try legal aid.  If you are also rejected by them, then do what you can to get legal representation.  If you must, you can represent yourself.  While this is never recommended, if this is your first offense, you may be given probation especially since this is a misdemeanor.  Try to get something called "deferred adjudication", if available.

Pursuant to deferred adjudication, if you are a first time offender, you will plead guilty and be given probation.  If your probation is successfully completed, the guilty plea is not entered on your record, basically then the judge dismisses the charges against you, and you will be released from all penalties to which you have pleaded guilty.  If probation is not successfully completed, then the guilty plea is reinstated and the judge will sentence the you accordingly

If this option is not available to you and you are convicted, if this is a first offense, you stand a good chance of getting probation.  Once your probationary period is over, you could then move to have your record "vacated".

Vacating removes "all penalties and disabilities" from your conviction under RCW 9.96.060.  Although the record is not destroyed, it cannot be distributed to employers, landlords, or other private entities.  It also may not be considered in sentencing on any subsequent offense.  Once granted, an individual may indicate that they have no criminal conviction on employment and other applications.

Hope this helps.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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