Phil Weinberg

Free ConsultationOffice: (425) 455-4784Mobile/Text: (425) 367-1122 Consistently Impressive, Effective and Outstanding ResultsBellevue • Seattle • Everett • Lynnwood Overview – Assault in King County and Washington StateWashington State assault law provides a simple assault (Assault in the Fourth Degree), is accomplished by any striking or hitting – in short, any  unwanted or offensive touching, It also is committed if you place another person in reasonable fear of being assaulted in any such manner. Both DV and non-DV 4th Degree Assaults are gross misdemeanors, but the DV ones are more serious and have worse impact upon the client’s reputation, criminal background checks whether for employment application or retention, school, immigration status, travel to Canada and other countries, housing and student loan applications, etc. Assault in the 4th Degree carries a maximum punishment of 364 days in jail and a $5,000 fine. There are many defense approaches to these complicated scenarios and severely sanctioned crimes of assault; especially those that are also DV assaults. Washington assaults become DV (Domestic Violence) assaults if the alleged victim is a family member or household member, which includes spouses, former spouses, people who have children together, people related by blood or marriage, adults who live together or have lived together, and people who are or have been in a dating relationship. RCW 10.99.020. If the assault results in serious (“grievous”) bodily harm to the victim, is committed against court staff, attorneys practicing law, prosecutors, judges, law enforcement officers or certain statutorily specified other government employees, etc. who have special enhanced statutory protection under the RCW’s, or if the assault is committed on a child victim under 13 years of age, such assaults, DV or non-DV, are FELONIES. I have gotten hundreds if not thousands of these cases dismissed or reduced over the years. My job is to advise and protect you. Assault charges are often brought together with other criminal accusations such as Harassment or Malicious Mischief. In some cases, they can also be designated Domestic Violence (DV). If your assault charge has been labeled DV, call me now. Don’t delay!  You might want an SOC or a deferred sentence. Those are treatment-based resolutions to avoid conviction, jail or lasting criminal conviction history. Call me to go over your unique case. I will do all I can do to help and will formulate a strong and effective defense strategy and a set of intelligent options for your consideration. My creative, holistic approach to Washington Criminal/DUI Defense: An “aggressive” lawyer is sometimes, but not always (or even usually), the best lawyer for your case. A truly different approach.  My job is to protect you from the police and the prosecution, not to take every opportunity I can to act aggressively in every case.  There are thousands of lawyers who promise to be “aggressive,” but that is only the best approach to some, not all, criminal defense cases.  I will fight for you to the bitter end, including the ‘war’ of trial — but not if I know from the facts of your case and history, and based upon my 28 years of experience, that an aggressive stance is not in your best interests.  In law school, lawyers are supposed to learn to become ‘problem solvers’.  I always have as my first, ultimate goal the dismissal of the charges against you.  But that’s just not possible in every case.  I could get a lot more calls and clicks online by promising you otherwise, but I value honesty with my clients above all else.  Hiring an overly, consistently “aggressive” attorney can be the worst thing for you, so please find an attorney who puts helping you first, even ahead of fighting for you.  So, although in some cases an all-out legal battle in court is the only way to protect your rights and accomplish justice, in others putting you first may mean avoiding a fight (and thereby reducing your legal fees, too). If you are being treated unjustly, then I am not afraid to battle.  I can be frighteningly aggressive when it is needed.  But when negotiating a fair plea bargain and reduction of the charge(s) or some sort of disposition like a deferred prosecution or deferred sentence is better for you, I am a skilled, experienced negotiator, too.  I have helped hundreds of people avoid substantial jail time.