What is it?
Domestic Violence Assault in the 2nd Degree is a class B felony as defined under RCW 9A.36.021. Several situations in which a person could be charged with this may include:
- Intentionally assaulting someone and inflicting substantial bodily harm (e.g., causing a broken bone or the need for stitches)
- Intentionally causing substantial bodily harm to an unborn child by deliberately inflicting injury upon the mother carrying the child
- Assaulting someone with a deadly weapon
- Assaulting someone by strangulation or suffocation
We recommend reading RCW 9A.36.021 for a complete list of crimes that are identified as Domestic Violence Assault in the 2nd Degree. Additionally, it is important to note that this charge is classified as a “strike offense,” meaning if you receive three of these “strike offense” charges, you could be sentenced to life in prison. It is crucial to contact an attorney right away if you are being investigated for this charge.
What happens after you get arrested?
While police officers can arrest you to investigate potential Domestic Violence Assault in the 2nd Degree, only prosecutors can charge you with a felony. After you have been arrested, a hearing will be held to set bail and conditions of your release. Conditions of release are rules that you will need to follow while your case is pending. The court can maintain conditions of release on an arrested defendant who has not been charged with any crime yet for up to 72 hours. This means that the prosecutor will have to decide whether or not to rush file the charge against you in order to keep those conditions in place or wait to file charges until later and let the conditions expire. For felony charges, prosecutors typically have 3 years to file charges before the statute of limitations prevents them from taking further action. Prosecutors may not want to rush to file charges when they want to ensure there is a strong case against you.
What can you do to help yourself?
- Remain calm.
- We recommend retainingan attorney who is experienced and successful in navigating these types of charges. It is always a good idea to follow any instructions from your legal counsel.
- Your attorney will likely advise you to take affirmative actions that can help mitigate your situation, such as attending helpful classes and/or receiving treatment, as this can often make the prosecutor more willing to agree to a reasonable resolution.
This is a scary and stressful situation to be in, so we recommend consulting several attorneys before making a decision. The best-case scenario is to hire an attorney who not only has experience with this charge and the specific court handling your case, but someone who also eases your stress and helps you sleep easy at night.
Contact Us for Assistance in Your Domestic Violence Case:
If you have been charged with Domestic Violence Assault in the 2nd Degree, it is not a hopeless situation. There are things you and your attorney can do to try to get through this situation as easily as possible. If you have been arrested or investigated for domestic violence, give our office a call at (425) 224-7075. We will listen to you, answer your questions, ease your stress, and resolve your case. Owner and principal attorney Lance Fryrear of The Law Offices of Lance Fryrear has defended the accused in Lynnwood and throughout Washington for the past 20 years. We will be sensitive and careful every step of the way, doing everything we can to help and support you.
Give us a call at (425) 224-7075 to learn more!