Vancouver Assault Defense Attorney

Understanding the legal system can ease some of the stress and uncertainty you may be feeling. Here’s what to expect when working with our firm:

1. Free Initial Consultation
   We begin with a confidential conversation to understand the nature of your charges and the details of the incident. This consultation is your opportunity to ask questions, clarify your legal rights, and receive an honest evaluation of your case.

2. Case Evaluation & Investigation
   After you retain our firm, we immediately begin investigating the circumstances surrounding the alleged assault. We scrutinize police reports, medical records, surveillance footage, and witness statements—searching for inconsistencies or constitutional violations such as excessive force, improper arrests, or failure to read Miranda rights.

3. Developing a Legal Strategy
   Every assault case is different. We take the time to build a legal strategy customized to your situation. Whether that means proving self-defense, challenging the credibility of witnesses, or negotiating a lesser charge, we prepare as though your case is going to trial—because preparation is key.

4. Pre-Trial Motions & Hearings
   Before trial, we may file motions to suppress unlawfully obtained evidence or seek dismissal of the charges based on legal or procedural errors. These hearings are a vital part of the defense process and can significantly strengthen your position.

5. Negotiation or Trial Representation
   Depending on the facts, we may be able to negotiate a favorable plea deal or diversion program. If going to trial is the best option, we’re prepared to deliver an assertive courtroom defense. You’ll have a seasoned trial lawyer by your side, fighting for your freedom.

6. Post-Trial Support
   If a conviction occurs, we pursue every available post-conviction option. This could include appealing the decision, advocating for sentence reduction, or assisting with future expungement or record sealing when applicable.

Understanding Washington’s Assault Laws

Washington divides assault into four degrees under RCW 9A.36, ranging from simple misdemeanors to serious felonies carrying decades in prison. The classification depends on factors including intent, injury severity, weapon involvement, and victim identity.

Assault Fourth Degree

The least serious assault classification, assault fourth degree under RCW 9A.36.041 is a gross misdemeanor carrying up to 364 days in jail and $5,000 fines. Fourth-degree assault involves:

• Simple Assault: Intentionally touching or striking another person offensively
• Attempted Assault: Attempting to inflict bodily harm with present ability to do so
• Threatening Assault: Creating apprehension and imminent fear of bodily harm

Common fourth-degree assault scenarios include bar fights, pushing or shoving during arguments, mutual combat situations, and offensive touching without injury. When committed against specific protected classes—law enforcement officers, firefighters, healthcare workers, transit operators, or school employees—assault fourth degree becomes aggravated, carrying enhanced penalties.

When assault fourth degree involves family or household members, it receives the domestic violence designation triggering mandatory arrest policies, no-contact orders, and federal firearm prohibitions even for this misdemeanor offense.

Assault Third Degree

Assault third degree under RCW 9A.36.031 is a class C felony carrying 1-5 years in prison. Third-degree assault involves:

• Assaulting protected classes (law enforcement, firefighters, transit operators, healthcare workers, or school employees) with criminal negligence and inflicting substantial bodily harm
• Assaulting anyone with intent to prevent lawful apprehension or detention
• Assaulting with criminal negligence while armed with a deadly weapon other than a firearm

Protected class assaults elevate charges from misdemeanor to felony due to special status. “Criminal negligence” means failing to be aware of substantial risks when you should have been aware. “Substantial bodily harm” involves temporary but substantial disfigurement, impairment of bodily function, or fracture of body part.

Assault Second Degree

Assault second degree under RCW 9A.36.021 is a class B felony carrying 3-12 months in prison under standard range sentencing. Second-degree assault includes:

• Intentionally assaulting and inflicting substantial bodily harm
• Assaulting with intent to commit a felony
• Assaulting with deadly weapons
• Assaulting by administering poison or controlled substances
• Assaulting with reckless disregard manifesting extreme indifference to human life

Second-degree assault represents serious violent felonies. “Substantial bodily harm” requires significant temporary impairment, not just minor injuries. Using deadly weapons—firearms, knives, baseball bats, or any instrument capable of causing death—elevates assaults to second-degree regardless of actual injury.

Assault First Degree

The most serious assault classification, assault first degree under RCW 9A.36.011 is a class A felony carrying 93-123 months in prison under standard range. First-degree assault involves:

• Assaulting with intent to inflict great bodily harm
• Assaulting with deadly weapons or force likely to produce great bodily harm
• Assaulting by exposing others to or transmitting HIV

“Great bodily harm” means serious permanent disfigurement, protracted loss or impairment of bodily function, or significant risk of death. First-degree assault requires intent to cause great bodily harm, distinguishing it from second-degree assault’s recklessness standard.

First-degree assault represents the most serious non-homicide violent crime, typically involving shootings, stabbings, or severe beatings causing life-threatening injuries.

Common Assault Defense Strategies

Attorney Johnson employs numerous defense strategies tailored to your case’s specific facts:

Self-Defense

Washington law recognizes your right to use reasonable force to defend yourself, others, or property under RCW 9A.16.020. Self-defense requires showing:

• You reasonably believed you or others faced imminent danger of harm
• You used force reasonably necessary to prevent harm
• You used proportional force to the threat faced

Self-defense is the most common and effective assault defense. Many assault charges arise from mutual combat situations where both parties used force. Attorney Johnson presents evidence demonstrating you acted defensively rather than as the aggressor, including:

• Witness testimony about who initiated violence
• Injury patterns showing you were attacked
• Prior threats or violence by alleged victims
• Your retreat attempts before using force
• Disparity in size, strength, or numbers justifying force used

Washington law doesn’t require you to retreat before using force in self-defense—you can “stand your ground” when lawfully present. However, evidence of retreat attempts strengthens self-defense claims by demonstrating you exhausted alternatives before resorting to force.

Defense of Others

Similar to self-defense, you can use reasonable force to defend third parties from imminent harm under RCW 9A.16.050. This applies when defending family members, friends, or even strangers from attack. You must reasonably believe the person you’re defending would have self-defense rights in the situation.

Mutual Combat

Many assault cases involve mutual combat where both parties willingly engaged in fighting. While mutual combat doesn’t provide complete defenses, it creates reasonable doubt about who was the aggressor and whether you acted in self-defense. Attorney Johnson presents evidence showing:

• Both parties engaged willingly in physical confrontation
• Alleged victims initiated physical contact
• You responded proportionally to force used against you
• Alleged victims’ injuries resulted from mutual fighting, not unprovoked assault

Mutual combat evidence often leads to charge dismissals or reductions when prosecutors cannot prove beyond reasonable doubt that you were the primary aggressor rather than mutual participant.

Lack of Intent

Assault requires intentional action. Accidental contact doesn’t constitute criminal assault. Attorney Johnson demonstrates lack of intent when:

• Contact was unintentional or accidental
• You were defending yourself and accidentally struck someone
• Injuries resulted from accidents during non-violent interactions
• Alleged victims’ claims are inconsistent with physical evidence

Prosecutors must prove you intended to harm or offensively touch victims. When evidence shows contact was accidental, assault charges should be dismissed.

False Accusations

False assault accusations occur frequently in contentious relationships, custody disputes, bar altercations involving intoxicated witnesses, or situations where accusers seek financial compensation through civil lawsuits. Attorney Johnson investigates motives for false accusations, including:

• Divorce or custody proceedings where accusations provide advantages
• Financial disputes or civil lawsuits
• Retaliation for relationship problems
• Intoxication affecting accuser memory and perception
• Desire to avoid responsibility for mutual combat

We expose false accusations through inconsistencies in accuser statements, lack of corroborating evidence, witness testimony contradicting accusations, and medical evidence disproving claimed injuries.

Insufficient Evidence

Prosecutors must prove guilt beyond reasonable doubt. Many assault cases rely on alleged victim testimony without independent corroboration. When witnesses are biased, inconsistent, or contradicted by physical evidence, reasonable doubt exists. Attorney Johnson challenges insufficient evidence by:

• Highlighting lack of independent witnesses
• Exposing inconsistencies in prosecution testimony
• Presenting medical evidence contradicting injury claims
• Demonstrating delayed reporting undermining credibility
• Showing bias or motive to fabricate

Misidentification

Assault cases involving multiple participants, chaotic environments, or brief encounters often involve mistaken identity. Bar fights, large gatherings, or situations where alleged victims were intoxicated create identification problems. Attorney Johnson presents alibi evidence, challenges identification procedures, and demonstrates reasonable doubt about whether you were the perpetrator.

Constitutional Violations

Fourth Amendment violations occur when police conduct illegal searches, make arrests without probable cause, or enter homes without warrants or exigent circumstances. Fifth Amendment violations arise when police interrogate defendants without Miranda warnings or continue questioning after rights are invoked. Attorney Johnson files suppression motions excluding evidence obtained through constitutional violations, often resulting in case dismissals when critical evidence is suppressed.

Aggravating Factors Enhancing Assault Charges

Certain factors elevate assault charges or increase sentencing severity:

Deadly Weapons

Using deadly weapons during assaults—firearms, knives, clubs, or any instrument capable of causing death—elevates charges from fourth-degree to second-degree assault and adds weapon enhancements increasing prison sentences under RCW 9.94A.533. Weapon enhancements add:

• 5 years for crimes involving firearms
• 3 years for deadly weapons other than firearms
• Additional time for weapon discharges or injuries

Weapon enhancements are mandatory consecutive sentences added to standard range sentences, significantly increasing total prison time.

Protected Victims

Assaulting protected classes—law enforcement officers, firefighters, nurses, doctors, transit operators, or school employees—while they perform official duties elevates charges and increases penalties. Washington law recognizes these professions require special protection due to public service roles and inherent dangers.

Substantial or Great Bodily Harm

Injury severity determines assault classification. “Bodily harm” means physical pain or illness. “Substantial bodily harm” involves temporary but substantial disfigurement, impairment, or fractures. “Great bodily harm” means serious permanent disfigurement, protracted loss of function, or significant death risk.

Medical evidence documenting injury extent is crucial. Defense medical experts can challenge prosecution injury characterizations, arguing injuries don’t meet statutory definitions for charge classifications.

Domestic Violence Designation

When assault involves family or household members, domestic violence designation applies, triggering mandatory arrest, no-contact orders, federal firearm prohibitions under 18 U.S.C. § 922(g)(9), and enhanced penalties.

Vulnerable Victims

Assaulting particularly vulnerable victims—children, elderly, or disabled individuals—can enhance charges or increase sentences based on victim vulnerability and inability to defend themselves.

Assault Consequences Beyond Criminal Penalties

Assault convictions create consequences extending beyond jail, fines, and probation:

Employment Impact

Criminal assault convictions appear on background checks, disqualifying you from employment in education, healthcare, childcare, security, and positions requiring trust or clean records. Professional licenses for healthcare workers, attorneys, teachers, and contractors face suspension or revocation following violent crime convictions.

Firearm Rights

Felony assault convictions permanently prohibit firearm ownership under federal law (18 U.S.C. § 922(g)). Misdemeanor assault convictions with domestic violence designations also trigger permanent federal firearm prohibitions. Washington state law under RCW 9.41.040 independently restricts firearm possession following assault convictions.

Immigration Consequences

Non-citizens face deportation for assault convictions classified as “crimes of violence” or “aggravated felonies” under federal immigration law. Assault convictions create inadmissibility preventing reentry after international travel and blocking naturalization applications. Even lawful permanent residents with decades of U.S. residence face deportation following assault convictions.

Civil Lawsuits

Assault victims can file civil lawsuits seeking monetary damages for medical expenses, lost wages, pain and suffering, and punitive damages. Criminal assault convictions provide conclusive evidence in civil cases, making you liable for potentially substantial damages.

Professional Licensing

Healthcare professionals, attorneys, teachers, contractors, real estate agents, and other licensed professionals face license suspension or revocation following assault convictions. Licensing boards conduct independent reviews and often impose career-ending sanctions even when criminal courts impose minimal sentences.

Child Custody

Assault convictions, particularly domestic violence assaults, heavily influence child custody determinations. Family courts view violent crime convictions as evidence of parenting unfitness, often ordering supervised visitation or restricting parental contact.

Voting Rights

Felony assault convictions eliminate voting rights in Washington until sentence completion, including prison, parole, and probation. Voting rights restore automatically after completing all sentence terms under Washington law.

The Assault Defense Process

Understanding what to expect helps you navigate the criminal justice system:

Investigation and Arrest

Assault investigations begin with police responding to complaints, interviewing alleged victims and witnesses, photographing injuries, and collecting evidence. Police determine whether probable cause exists for arrest based on victim statements, witness accounts, and physical evidence.

Many assault arrests occur at crime scenes when police respond to domestic disputes, bar fights, or altercations. Others result from arrest warrants issued after victims report assaults days or weeks later.

Initial Appearance and Bail

Within 48-72 hours of arrest, you appear before a judge who sets bail and reviews release conditions. Attorney Johnson argues for reasonable bail reflecting your financial circumstances, community ties, and lack of flight risk. We also challenge restrictive release conditions that unnecessarily disrupt employment or family responsibilities.

Arraignment

At arraignment, judges read charges and you enter pleas. Attorney Johnson enters not guilty pleas, receives discovery materials including police reports and witness statements, and schedules pretrial conferences for negotiation.

Discovery and Investigation

Attorney Johnson reviews all prosecution evidence, identifying weaknesses, inconsistencies, and constitutional violations. We conduct independent investigation by:

• Interviewing witnesses who support your defense
• Obtaining surveillance footage from businesses or residences
• Photographing crime scenes
• Consulting medical experts about injury causation
• Hiring investigators when necessary

Thorough investigation often uncovers evidence prosecutors overlooked or ignored that supports dismissal or acquittal.

Pretrial Motions

Attorney Johnson files motions challenging illegal evidence and resolving legal issues before trial. Successful motions suppress illegally obtained evidence, dismiss charges based on insufficient evidence or procedural violations, and exclude prejudicial evidence that would unfairly influence juries.

Plea Negotiations

Attorney Johnson negotiates with prosecutors for charge reductions or favorable sentencing recommendations. We leverage motion practice success, investigation findings, and case weaknesses to secure better outcomes than initial offers. You make final decisions about accepting or rejecting plea offers based on Attorney Johnson’s honest assessment of trial risks versus plea benefits.

Trial

When plea offers are inadequate or you maintain innocence, trial provides opportunity for acquittal. Attorney Johnson has extensive trial experience, effectively cross-examining prosecution witnesses, presenting defense evidence, and arguing reasonable doubt to juries.

Sentencing

If convicted, Attorney Johnson presents mitigation evidence arguing for minimal sentences, alternatives to incarceration, and probation rather than jail time when possible.

Serving Vancouver, WA and the Greater Clark County Area

The Law Office of Adin Johnson proudly represents individuals facing assault charges in Vancouver and across Clark County. Our knowledge of local court procedures and strong community relationships allow us to navigate your case with confidence. Whether this is your first arrest or you’re dealing with repeat charges, we are here to provide trusted, results-oriented legal support.

Contact the Law Office of Adin Johnson Today

An assault charge can carry severe legal and personal consequences, including jail time, fines, and damage to your reputation. Don’t wait to take control of your defense. The Law Office of Adin Johnson is ready to stand up for your rights, protect your future, and guide you through the legal process with professionalism and care. Contact us now to schedule your free consultation.