Legal Question in Criminal Law in Washington

I have to go to court for Assault and Battery. it was against my husband when we got into a fight. He is military and I do believe that he had the same charges but were all dropped. I don't know what to plead. My husband suggested i plead "No Contest" and pain the fine or probation or what not. I am torn as to what to do. I really don't want this on my record considering i believe that i was defending myself.


Asked on 3/14/10, 1:33 am

1 Answer from Attorneys

Paul Ferris Law Office of Paul T. Ferris

Trust your instinct. Enter a plea of "Not Guilty".

Domestic violence offenses have long lasting adverse consequences; they can limit your ability to gain employment, participate in youth sports and school acitivities, possess firearms and sometimes are used to deny entry to Canada.

If you raise the issue of self defense and have supporting evidence, the prosecutor must prove that you did not act in self defense.

Hire a lawyer to ensure that your rights are protected and you are not wrongly convicted. If you cannot afford an attorney, apply for a public defender.

There is no "No Contest" plea in Washington State. There is something called an "Alford plea", which is a way of saying you don't believe you're guilty, but you believe a jury or judge would find you guilty at trial and you are pleading guilty to take advantage of some plea agreement or avoid the costs of trial or harsher sentencing. It still results in a conviction with the same adverse consequences.

Again, plead Not Guilty. You will then be in a position to examine the strengths and weaknesses of the case and explore your options for dispositions other than pleading guilty. It would be imprudent to go through this process without legal counsel.

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Answered on 3/19/10, 7:51 am


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