My boyfriend got an Assault in the 4th degree – Domestic Violence (DV), and this will be his third strike….

Scales of justice sit over a desk.

What is going to happen?  How long can his sentence be? The judge put a mandatory protection order for two and a half months and a $5,000 cash only bail.

Michael’s answer: 4th degree assault domestic violence.  Assault in the 4th degree is a gross misdemeanor and thus cannot be a “Third Strike” under Washington’s Three Strikes Law. That said, a gross misdemeanor carries a maximum sentence of 364 days and a $5,000 fine. While he is not likely to get the max, if he is a convicted he is likely to get more time than on previous Assault 4 convictions.

As for the bail, “cash only” bail is not permitted under Washington law and if his bail is deemed cash only it should be challenged.

 

 

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