Lacey Assault Defense Lawyer

Aggressive Defense Attorney Representing People Accused of First-Degree Assault in Lacey, WA

In Washington, assault and battery are not separate charges, but are instead consolidated into a single offense called assault. Charges of assault can arise in different situations, often when tempers flare and emotions are running high. In some cases, this crime can be charged as a class A felony, punishable by over 20 years in prison.

At The Law Office of Michael Austin Stewart Criminal Defense Lawyer, our Lacey, WA assault defense attorney has decades of experience in criminal law, and he knows how to approach allegations of violent crime. He has helped clients in dire situations, including one notable case result where he successfully got a 2020 murder case against his client dismissed.

What Counts as First-Degree Assault in Washington?

First-degree assault is the most serious assault charge under Washington law, and it is classified as a class A felony. The charge applies when prosecutors allege that a person acted with the intent to inflict great bodily harm on another person. That intent must be paired with a specific type of conduct, such as using a firearm or deadly weapon, using force likely to cause great bodily harm or death, transmitting HIV to a child or vulnerable adult, exposing someone to poison or another harmful substance, or actually causing great bodily harm.

Great bodily harm is a demanding standard. It generally refers to injuries that create a probability of death, cause significant permanent disfigurement, or result in the lasting loss or impairment of a body part or organ.

A conviction can carry a sentence of up to life in prison, and some cases trigger a mandatory minimum term. First-degree assault also counts as a strike offense in Washington, which can have serious consequences if a person faces another felony charge in the future.

Can You Claim Self-Defense in an Assault Case in Lacey?

Self-defense is a recognized legal defense to assault charges in Washington, including cases filed in Lacey. A person may use reasonable force to protect themselves or another person when they reasonably believe they are about to be injured. Deadly force is generally justified only when a person reasonably believes they face a risk of death or serious harm.

Washington does not require a person to retreat before defending themselves if they are in a place where they have a right to be. Once the defense presents some evidence of self-defense, the prosecution carries the burden of disproving it beyond a reasonable doubt. However, a person who provoked the confrontation or acted as the first aggressor may have a harder time raising this defense. Witness accounts, video footage, injury patterns, and the history between the people involved can all influence how a jury views the claim.

What Other Defenses Can You Raise Against a First-Degree Assault Charge?

A first-degree assault charge can be challenged in several ways beyond self-defense. Possible defenses include:

• Lack of intent: The prosecution must prove the accused intended to cause great bodily harm, and an injury that happened by accident or in the heat of a chaotic moment may not meet that standard.
• Injuries that fall short of great bodily harm: If the injuries were less severe than the law requires, the charge may be reduced to a lesser degree of assault.
• Mistaken identity: Crowded scenes, poor lighting, and stressful conditions can lead witnesses to identify the wrong person.
• Unlawful police conduct: Evidence obtained through an illegal search, or statements taken without proper warnings, may be excluded from trial.
• Inconsistent witness accounts: Conflicting statements from the alleged victim or other witnesses can raise reasonable doubt about what actually happened.

Attorney Michael Austin Stewart prepares every case as if it will go to trial. That approach means studying the evidence closely, identifying weaknesses in the prosecution's theory, and building a defense that can hold up before a jury. It also gives clients stronger footing in any plea negotiations that take place along the way.

Meet With Our Lacey, Washington Assault Defense Attorney

The stakes in a first-degree assault case are too high to wait on building a defense. At The Law Office of Michael Austin Stewart Criminal Defense Lawyer, we start working on your case right away. Call 253-442-7544 or contact our Lacey, WA assault defense lawyer to set up a free consultation.