It can be very distressing for individuals to be accused or arrested for assault. The consequences and potential effects on their lives can vary, depending on factors such as the seriousness of the allegations, the weight of the evidence, the accused’s criminal past, and the jurisdiction.
We have represented many individuals across several jurisdictions in Eastern Washington, from the onset of investigations to post-arrest proceedings. At Rodriguez Law, we always advocate for our clients, recognizing the gravity of their circumstances and the weight their futures carry. Many of the people we have successfully assisted faced daunting stakes, such as the prospect of jeopardized employment, compromised civil rights, immigration implications, custody of their children, housing, and the shadow of a tarnished criminal record affecting various facets of their lives.
At Rodriguez Law, we are committed to championing your cause, drawing upon our substantial experience, dedication, and compassion. You can trust that you are in capable hands as we diligently navigate the legal complexities, seeking the best possible outcome for your unique circumstances. With our team by your side, there is hope and a way forward to reclaiming a brighter tomorrow.
Defending Against False Allegations
At Rodriguez Law, our focus is on advocating for our clients while maintaining a deep respect for the broader issues surrounding domestic violence and sexual assault. When it comes to addressing false allegations, we take a comprehensive and empathetic approach. We believe in the principles of the legal system and ensure a thorough examination of the facts to reveal the truth.
Our commitment to due process, fairness, and the presumption of innocence is unwavering. We recognize the potential harm that false accusations can cause, not only to the accused individual but also to the credibility of legitimate claims and actual survivors. We provide strong and strategic legal representation to clients navigating these challenging situations that may result in a jury trial. A balanced approach is an important consideration when in front of a jury.
If you are facing false accusations, we are here to stand by your side, providing the strong representation you need during this challenging time. Our goal is to navigate the legal process with integrity, ensuring an outcome that respects the rights of all parties.
Frequently Asked Questions
Assault
When an individual is charged with assault, the court will most likely issue a pre-trial no-contact order. This means that it can be in place before the outcome of your case. If you are convicted of assault or related charges, the court most likely extends the no-contact order post-conviction. Many times, if you and the alleged victim, in this case, were living together, you may be restrained from going back to your shared home. If you share children in common, you have a new set of immediate issues. Our office has helped many individuals at this phase of the case find the right solution to get them through the remainder of the case. Depending on the circumstances of the case, it is possible to find a way to have it terminated. It does take a skilled and experienced lawyer to navigate these issues for you at whatever stage you are facing to get you on a path that allows you to resume daily life.
To understand the consequences of an assault conviction, it is helpful to understand the different levels of assault you can be charged with in Washington state. Remember that our clients have never faced the maximum penalties, and many times, we have avoided a conviction altogether, or if it were a felony, we have often been able to reduce it to a gross misdemeanor. Our legal strategy will depend on the circumstances of the case, among other factors, to determine the best path forward for the best outcome.
Simple Assault (Assault in the Fourth Degree) is classified as a gross misdemeanor, punishable by up to 364 days in jail and/or a fine of up to $5,000.
Assault in the Third Degree is a Class C felony, punishable by up to 5 years in prison and/or a fine of up to $10,000.
Assault in the Second Degree is a Class B felony, punishable by up to 10 years in prison and/or a fine of up to $20,000.
Assault in the First Degree is a Class A felony, punishable by up to life imprisonment or a term of years and/or a fine of up to $50,000.
The decision to charge someone with assault or any other criminal offense lies with the prosecuting attorney. The purpose of criminal charges is to hold individuals accountable for alleged criminal actions and to protect the community by deterring criminal behavior. However, there are instances where criminal charges, including assault charges, can be misused or abused. In those situations, we have seen individuals filing false or exaggerated assault complaints for personal gain, to harm someone’s reputation, to obtain an advantage in divorce or custody proceedings, to obtain immigration status by claiming to be a victim, or simply because they wanted to hurt this person. This misuse of the legal system can cause significant harm to the accused, even if the charges are eventually proven false or unfounded.
Prosecuting attorneys are responsible for evaluating the evidence and determining whether probable cause exists to proceed with criminal charges. They must act by the law and ethical standards to ensure fairness and justice for all parties involved. As your defense attorney, we will address concerns about potential abuse of the legal system by thoroughly investigating any allegations of false reporting. In our initial consult, we will discuss a unique legal strategy based on your circumstances so that we can help you protect your rights, navigate the legal process effectively and move toward a brighter future.
In domestic violence situations, the state may proceed with the prosecution even if the victim does not want to press charges. Washington takes this approach to protect victims from potential intimidation or coercion and to prevent repeat offenses.
Once criminal charges have been filed, the decision to drop (dismiss) them lies with the prosecuting attorney, not the victim. The victim’s wishes and cooperation can influence the prosecution’s decision but are not the sole determining factor. In some cases, prosecutors may consider the victim’s wishes, especially if the victim does not want to pursue the case or is uncooperative with the prosecution. However, other factors, such as the evidence available, the seriousness of the alleged assault, and public safety concerns, will also be considered when deciding how to proceed with the charges.
If you or someone you know is involved in an assault case and has concerns about the charges, seeking advice from a qualified criminal defense attorney is crucial to understanding the legal options and potential outcomes.
Suppose you have been charged with assault in Tri-Cities, WA, including Richland, Kennewick, or Pasco. In that case, you will find yourself going to court in Benton, Franklin County District, Superior Courts, or Pasco Municipal Court. Many individuals have retained us over the years to represent them in these courts, and we have worked with the prosecutors and understand the Judges we will be in front of. That is key in coming to the best outcome for your case. Expect the possibility of a no-contact order being placed by the Court almost immediately to protect the alleged victim. The courts in our local community have gotten tougher and tougher on individuals charged with assault or domestic violence, even if this is the first time they have ever been in trouble. Depending on the situation, we may be able to avoid a pre-trial no-contact order which we can discuss during our initial consultation.
Do not take these charges lightly because of the implications that may follow you around. It is important to understand the consequences of this type of conviction beyond the court proceedings. We aren’t only defending you; we are fighting for your future. There is hope, and we know this from the hundreds of people who have hired us through the years and successfully progressed through this with our help.
