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

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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

Answers:

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

Answered 12 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.


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