In Washington, there is a three-year statute of limitations for personal injury, injury to property, fraud, and trespass claims; but defamation claims only have a two-year limit. For Washington criminal charges, there is no limit for murder charges but a two-year statute of limitations for gross misdemeanors.
Three definitions of assault have been recognized by Washington courts: (1) an attempt, with unlawful force, to inflict bodily injury upon another; (2) an unlawful touching with criminal intent; and (3) putting another in apprehension of harm whether or not the actor actually intends to inflict or is incapable of ...
Depending on the nature of the offense, the timeline for charging can vary significantly. For misdemeanors, the process might take up to a year. During this period, the police investigation unfolds, and upon its completion, the case is handed over to the district attorney's office for a charging decision.
In cases of more serious crimes, the suspects will have to wait for a bail hearing. At the hearing, a judge will decide if the suspect may be released on bail and the amount. Bail is based on the suspect's flight chance and the crime accused.
Prosecutors generally ask for between 0 - $5,000 in bail for a first time offense of Domestic Violence Assault in the 4th degree.
Defendant's Criminal History and Community Ties Other factors that influence the bail amount include a defendant's past criminal record, a defendant's record of bail jumping (or failure to appear), whether a defendant is employed, and whether a defendant has close ties to the community.
Judges can use criteria such as the severity of charges or allegations, criminal history, and warrant history to determine what the bail amount will be after reviewing each individual case.
WHAT ARE THE FACTORS THAT A JUDGE LOOKS AT WHEN DETERMINING BAIL AMOUNT? The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history.
It is crime with a seriousness level 12, meaning a minimum prison term of 93-164 months or more. For questions regarding Assault 1 charges and defenses, contact the attorneys at Milios Defense.