For the purposes of ICE issues a misdemeanor can be as deadly as a felony. What you and I think of an aggravated crime and what ICE considers to be aggravated are also two different things.
Dont do anything with the new charge until you speak with an attorney that is very knowledgable in immigration law and how criminal law and it impact each other.
Good luck on getting that type of attorney. Do it today!
There is a lot more information needed to answer this question. It is not the sort of thing you want to be discussing on the internet. Contact the lawyer that represents you. If you don't have an attorney yet hire one or contact the Publice Defenders to see if you qualify for an appointed attorney. Do it now!
As Mr. Mills stated, this is a very complex issue. Normally DUI is not considered either a crime involving moral turpitude (CIMT) or an aggravated felony either of which will trigger immigration issues. If your friend has counsel they can check with Washington Defenders Association's Immigration Project to determine if there are other issues.
If convicted of both charges the Burglary First Degree will carry 26 to 34 months; the assault second degree, if convicted of both counts carries between 12 months and one day to 14 months concurrently. This range assumes that there are no enhancements or aggravators filed.
You are not eligible for sentencing under the first time offender waiver due to the fact that both of these charges are "strike" offenses under the Persistent Offender Act (three strikes and you are out law).
Contact the Federal Public Defenders of Eastern Washington and Northern Idaho. They are located in Spokane. If you can meet the indigency requirements they can be appointed to represent you in Federal court.
I don't know what your previous experience has been with Public Defenders has been but the crew at Spokane County Public Defenders are hard working and appear in cour on this sort of case more than anyone else that practices criminal law. Discovery will be made to your PD and you can review it with them. Contact Spokane County Pretrial Services right away and see if you qualify for a PD.
You have posted an interesting question, but it is one that needs more information to answer. You have not indicated how these comments could have intimidated a witness in the case. If you provide more information you will probably get several responses.
I agree with the previous attorney that answered your question. My concern would be that has your husband was aware of her seizures and the recent surgery that not only is an exceptional sentence possible but that the prosecutor could add an "aggravating factor" for being exceptionally vulneralbe or that your husband was in a position of trust.