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Assault 2 DV WA state

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  • Assault 2 DV WA state

    Accused of strangulation of my spouse. Which bumps Misd Assault in the 4th DV up to Felony Assault 2 DV for the use of strangulation.
    A Couple notes:
    I have history of drug and alcohol abuse, and multiple rounds of voluntary treatment, and was blackout drunk during the alleged incident-I don't remember a thing.
    There is a long history of her violently abusing me, not the other way around. I have never initiated physical contact with her, but she has punched me with closed fists, elbows and knees to the ribs and face for 10 years of marriage. I have only a handful of text messages as evidence in which she confesses guilt for the assaults. I have threatened calling the police on her. How well would this mitigate, if at all?

    Photographic evidence shows very feint self-inflicted scratches on her neck, but no bruising resultant from a stranglehold. I have read the law and it does not require injury to be incurred in strangulation for a charge to be brought-I am assuming this does something to the burden of proof. There are no witnesses and it's her word against mine-but I have no story to tell.
    She had told me multiple times in the past that she was setting money aside so that she could leave me, in the even that I ever broke sobriety. I drank alcohol after 6 years without.

    She called friends who encouraged her to call police-she was not going to initially, and called police 6 hours later.

    Does anyone have thoughts on how something like this plays out ?
    I am already losing everything, lost my best friend in the whole world, my big home, my good job, and all my dignity reputation and so on. If I had called the police last time she assaulted me in September, she'd be the one in jail, and I never would have gotten tied into this. However now I am the bad guy on paper and in practice.

  • #2
    I wish to inform you that Second Degree Assault is an extremely serious offense. It is not, however, always easy for the state to prove. It is also, in many cases, not so clearly distinguishable from the non-felony charge of Fourth Degree Assault. That means an attorney practiced and experience in defending people accused of this crime can very often be successful in defending or mitigating against the more serious ramifications of this charge. You may contact an attorney and seek guidance.

    AFF

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    • #3
      What about this charge type makes it difficult for the state to prove?

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      • #4
        Not difficult. A woman with scratches on her neck and you, a blackout drunk, who doesn't remember anything. You'd better have a good lawyer.

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