My nephew pleaded out to 4th degree assault recently in Yakima County. What will this really mean for him.

Yakima, WA Viewed 14 times. Posted 4 months ago in Criminal Defense

My nephew was charged with a felony assault in Yakima County. The reason was that he was disciplining his child in the parking lot at the doctors office. He does not have a criminal record. He has never abused any of his 3 children, and he has been a drug and alcohol counselor at a youth facility for over 10 years. This has been drug out over a number of months, and the prosecutor was calling to interview his 10 year old daughter for the 5th time. He's tired of putting his 10-year old through this, and she is struggling. He lost his job and has not been able to get another. Today he pleaded to the 4th degree assault charge and was promised no jail time, a fine, parenting classes and restraining order was removed. Is he doing the right thing? Can it be overturned?

Answers (2)

Elizabeth Rankin Powell

This attorney is licensed in Washington. Posted 4 months ago.

DId he have his own attorney advising him? If not, then it is hard to tell whether or not this was the best result possible. He will never be allowed near a firearm again, and he will have to disclose this record when he applies for jobs or housing. Now he has a criminal record, that will stay with him the rest of his life. Because it is DV it cannot be vacated - ever.

It cannot be "overturned" because it isn't a judgment by a jury, it is an agreement with the prosecutor.

Joseph Briscoe Dane

This attorney is licensed in California. Posted 4 months ago.

I believe you posted this similar fact pattern in another question.

If he's entered a plea, but has not yet been sentenced, there may be a way to withdraw his plea before sentencing, but he will have to notify his attorney of his wishes. If that attorney is unable or unwilling to help, it's time to hire a criminal defense attorney to look into withdrawing the plea. Either way, it MUST be done before he's sentenced.