Typical sentence for assault 3rd degree in WA state, WA RCW 9A.36

Asked almost 6 years ago - Puyallup, WA

asslt of a child in third degree typical sentancing in the state of washington

Additional information

After pleading guilty to assult 3rd degree of a child (spanked with belt) a protective order was issued for 5 years. My wife, (trying to divorce) lives in Alaska and has recently been incarcerated for Burgulary and Theft. Obviously my family and myself can't get any information due toi "protective order" What are the chances of getting this order dropped and being able to resume custody of my children?

Attorney answers (1)

  1. Timothy John Leary

    Pro

    Contributor Level 10

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    Lawyer agrees

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    Answered . In Washington State, felony sentencing ranges are set by the legislature. There is a grid that establishes the range by factoring the seriousness of the crime and the defendant's felony criminal history.

    Assault of a Child in the Third Degree is a Class C Nonviolent Felony in Washington State. It is a level III offense [1 to 16 with 16 being the most serious.] It is not a strike offense for the purpose of the three strikes law.

    If convicted and the suspect has no other criminal history, the standard range would be 1 to 3 months in the county jail. By statute, someone convicted of Assault of a Child in the Third Degree is prohibited from serving the sentence on electronic home detention. If the suspect's criminal history was maxed out, his/her range would be 51 to 60 months in prison.

    Assault of a Child in the Third Degree is a very serious allegation. The suspect needs to speak with an attorney who has extensive felony experience. The outcome depends on facts and the abiliy of the attorney to vigourously represent the interests of the suspect.

    I would be happy to discuss the matter further with him or her.

    Tim Leary
    Sherman & Leary PLLC
    http://www.shermanleary.com
    206-382-2401

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