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If you’re an active-duty Navy member stationed on Whidbey Island or anywhere in Washington State and you’ve been charged with Assault in the Fourth Degree, the situation can feel overwhelming. Not only are you facing civilian criminal consequences, but your military career and security clearance may also be on the line. Here’s what you need to know and what steps to take immediately.

1. Understand What the Charge Means

In Washington, Assault in the Fourth Degree (RCW 9A.36.041) is a gross misdemeanor—a criminal offense punishable by up to 364 days in jail and a $5,000 fine. You can be charged even for minor physical contact or a perceived threat of harm. It doesn’t take visible injuries for police to arrest you; an accusation alone can trigger criminal prosecution.

For servicemembers, the consequences go beyond civilian court. A conviction can:

• Trigger administrative separation proceedings.
• Affect promotion eligibility and security clearance.
• Require reporting to your commanding officer.
• Impact your ability to reenlist or receive benefits.

2. Contact a Civilian Defense Attorney Immediately

Even if your command is aware of the charge, you need your own civilian attorney. The Navy’s legal assistance office can give general information, but they cannot represent you in civilian court.
A local Washington criminal defense attorney experienced with military clients—especially those stationed at NAS Whidbey Island—can:

• Coordinate with your command.
• Protect your rights in Island County District or Superior Court.
• Negotiate reduced charges or alternative resolutions like diversion or stipulated orders of continuance.

3. Notify Your Command—Strategically

You should expect that law enforcement or the court will notify your command anyway. It’s better to proactively communicate, but with legal guidance. An attorney can help you decide what to disclose, when, and how to frame your statement to minimize damage to your service record.

4. Preserve Evidence and Witness Information

As soon as possible:

• Write down your recollection of events.
• Save texts, emails, or photos relevant to the incident.
• Identify witnesses who saw or heard what happened.
• Avoid social media posts about the incident.

These details often make the difference between conviction and dismissal.

5. Consider the Collateral Military Consequences

Even if the civilian case resolves favorably, the Navy may still take administrative action. Possible outcomes include:

• Non-Judicial Punishment (NJP)
• Loss of rank or pay
• Restriction or extra duty
• Separation for misconduct

A strong defense strategy in civilian court often helps mitigate or prevent command discipline.

6. Appear at All Hearings and Follow Conditions

Missing a court date can lead to an arrest warrant—and your command will be notified. If the court imposes conditions such as no contact orders, alcohol evaluations, or anger management, comply fully. Your attorney can often negotiate modifications if these conflict with duty assignments.

7. Protect Your Future

The goal is not only to resolve the criminal case but to protect your Navy career and future civilian opportunities. With early legal intervention, many Fourth Degree Assault cases can be:

• Reduced to lesser charges,
• Deferred for dismissal upon compliance,
• Or dismissed outright for lack of evidence.

Law Offices of Andrew F. Scott & Associates PLLC
Serving Navy servicemembers stationed at NAS Whidbey Island and throughout Island County. Attorney Christina Elliott is a Navy spouse and Army veteran’s daughter, and she has experience representing servicemembers accused of DUI, assault and other criminal offenses.

Call (360) 331-7101 or email attorneys@whidbey.com for a confidential and non-judgmental consultation.