WA State- Assault Charge w/ prior DV charge 6 years ago and currently on probation. What will likely happen? Advice Appreciated

Asked over 1 year ago - Seattle, WA

I broke up with my boyfriend and in turn he called police and claimed I assaulted him by hitting him in the face. There was in fact no physical contact at all and he also has no marks. I left the house and requested that he not be there when I get back, so he left and I later found out that he called the police. The police have not come to my house, and it is 24 hrs later. He left the state and is now unreachable since he also has no phone and no known address. I am wondering what will likely happen. I am on probation for a Theft 1 charge and I am almost done paying all my fines. I am in college and looking for work. I do have a prior DV charge from 2007 that ending in successful completion of probation and all court ordered requirements. I am very worried about what will come this now.

Attorney answers (5)

  1. Colin Michael Scott

    Contributor Level 7

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    Answered . The first thing I would recommend to you is stop posting comments like this on a public forum which are accessible by the general public and can potentially be used as admonitions (an exception to the hearsay rule) in a court of law. Secondly, you should contact a local attorney and consult with them privately about the facts in your case. In order to protect you, an attorney needs to have developed an attorney-client relationship with you, which is only possible after you've consulted with an attorney and hired them to represent you. It's imperative that you do this as soon as possible.

    As for what will happen in your case, it's impossible to say based on the limited information you've presented. However, because you have a prior DV charge/conviction from 2007 and you're currently on probation for a Theft 1 charge/conviction, you will likely face greater penalties and/or fines, which is all the more reason to get in touch with an attorney right away. Good luck!

    The information contained in this message is for general informational purposes only. It is not intended to be... more
  2. Mark C Blair

    Pro

    Contributor Level 14

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    Answered . If there is no evidence of actual physical injury, no independent witnesses to the incident, and the alleged victim not available to testify at trial it is likely that the case would get dismissed, assuming that you have retained competent legal counsel to represent you.

    However, if you are currently on probation for a previous conviction, one of the conditions of your sentence in that case would be to have no new criminal law violations. It is likely that the court in that case will set a review hearing based upon the new charge and the court could impose jail as a result.

    You would do well to retain counsel to handle both matters.

  3. Keola Aiona Siu

    Contributor Level 9

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    Answered . I would agree with the other poster that you should not be posting any more details on this website. Contact an attorney for a consultation as soon as possible so that you can discuss what to do next in more detail.

  4. Nelson Kuo Hua Lee

    Contributor Level 8

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    Lawyers agree

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    Answered . I agree with Attorney Scott, stop posting things on public forums. Though you have not included your name, your facts are quite specific and can be used to identify you. I was a former prosecutor for 17 years, you wouldn't believe the amount of incriminating evidence that we got from people's Facebook pages, Tweets etc. As for your concerns, it is hard to predict what might happen. With your boyfriend gone and unreachable, the police may not investigate this matter any further. But if he follows up with the police and prosecutors decide to file charges, the fact that you are currently on probation will likely be an issue. Your probation may be revoked and you could face jail time for violating the conditions of probation AND also face additional jail time for the new assault. This is a worst-case scenario. In the meantime, keep a low profile and fulfill the terms of your probation. Call an attorney ASAP if you do get charged with assault.

  5. Patrick Owen Earl

    Pro

    Contributor Level 18

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    Answered . If you get formally charged with this assault charge you will get an attorney and it will be set for trial and should be dismissed at that time if all of the above information is correct and remains correct. Get an experienced criminal defense attorney to help you. If you can't afford to hire an attorney make sure you ask the court to appoint you one. Good Luck.

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