Assault Of A Child In Washington
ASSAULT OF A CHILD
What is an Assault on a Child?
Assault of a Child is a Class B Felony in Washington. While regular Assault does not necessarily require an allegation of harm or injury at the lower levels of Assault; Assault on a Child generally requires serious allegations of harm. Lesser crimes against children are typically charged as Criminal Mistreatment, discussed below. Assault of a Child is a crime with two levels of classifications, with the First Degree being the most serious. Understanding the basic definition of an Assault is important to understanding the charge of Assault on a Child and are discussed in more detail below. You can read in depth about Assault here.
What is an Assault?
In Washington, an Assault is defined by RCW chapter 9A.36 as:
An intentional touch or strike with unlawful force that is harmful or offensive; OR
Placing someone in reasonable fear or apprehension that such will occur.
Note that this definition in itself does not actually require harm to be caused. However, to be charges with an Assault on a Child there must be an allegation of harm.
Criminal Mistreatment
Assault of a child is charged only in cases with serious allegations of harm. Lesser allegations of crimes against children including child abuse, neglect, and endangerment fall within the charges of Criminal Mistreatment, of which there are several different levels. The offenses of Criminal Mistreatment are outlined RCW chapter 9A.42. You can read more about Criminal Mistreatment here.
Domestic Violence Charges
Crimes involving family members can be charged as domestic violence charges. Domestic violence does not define what the offense is, it only is a designator of a relationship between the parties which can be a dating, roommate, or familial relationship. For a detailed overview of what makes a charge a domestic violence charge, and what the consequences are, please read our article on them, here. Because Criminal Mistreatment charges involve a child in your care there are often domestic violence consequences accompanying these types of charges.
ASSAULT OF A CHILD IN THE SECOND DEGREE
What is Assault of a child in the Second Degree?
Under RCW 9A.36.130, this offense may be charged in the following circumstances
When the person charged is 18 or older,
The alleged victim is 12 or younger,
And either:
A second degree assault has been committed against the child; or
there is an intentional assault of the child bodily that causes bodily harm greater than transient physical pain or minor temporary marks, and the person charged has history or a pattern of either:
Assaulting the child, resulting in bodily harm as defined above, or
Causing the child physical pain or agony that is equivalent to that produced by torture.
This charge is a class B felony.
Assault in the Second Degree
To understand this charge it is necessary to also understand the elements of Assault in the Second Degree as if those same allegations are committed against a child victim it will be charged as Assault of a child in the Second Degree.
Under RCW 9A.36.021, Assault in the 2nd Degree begins with the basic definition of an assault, but is charged when it meets one of these criteria:
There is an infliction of substantial bodily harm
Assault with a deadly weapon
Strangulation
Poisoning
Substantial Bodily Harm
Substantial bodily harm must be proven for a conviction of Assault in the 2nd Degree. Substantial bodily harm is defined by WPIC 2.03.01 as a temporary but substantial:
Disfigurement
Loss or impairment of the function of any bodily part or organ, or
Fracture of any bodily part
What are the consequences for a charge of Assault of a child in the Second Degree?
Jail or Prison Time
For a misdemeanor the possible jail time is 0-90 days
Some alternatives to jail are community service, or electronic home monitoring
Probation
For a misdemeanor the probationary period is 2 years
Fines and Restitution
For a misdemeanor the possible fines range from $0-$1000
Restitution is reimbursement To the victim and may vary, it is considered when the victim requests it.
Classes
You may be subject to classes, for example domestic violence classes, anger management or drug and alcohol classes
No Contact Order
Courts commonly issue no contact orders, and can do so even over the victim’s objections
ASSAULT OF A CHILD IN THE FIRST DEGREE
What is Assault of a child in the First Degree?
Under RCW 9A.36.120, this offense may be charged in the following circumstances
When the person charged is 18 or older,
The alleged victim is 12 or younger,
And either:
A first degree assault has been committed against the child; or
there is an intentional assault of the child that either:
Recklessly inflicts great bodily harm
Causes substantial bodily harm and there is a prior pattern or history of:
Assaulting the child which has resulted in bodily harm that is greater than transient physical pain or minor temporary marks; or
Causing the child physical pain or agony that is equivalent to that produced by torture
This charge is a class A felony.
Assault in the First Degree
To understand this charge it is necessary to also understand the elements of Assault in the First Degree as if those same allegations are committed against a child victim it will be charged as Assault of a child in the First Degree.
Under RCW 9A.36.021, Assault in the 2nd Degree begins with the basic definition of an assault, but is charged when it meets one of these criteria:
There is an infliction of substantial bodily harm
Assault with a deadly weapon
Strangulation
Poisoning
Substantial Bodily Harm
Substantial bodily harm must be proven for a conviction of Assault in the 2nd Degree. Substantial bodily harm is defined by WPIC 2.03.01 as a temporary but substantial:
Disfigurement
Loss or impairment of the function of any bodily part or organ, or
Fracture of any bodily part
What are the consequences for a charge of Assault of a child in the Second Degree?
Jail or Prison Time
For a misdemeanor the possible jail time is 0-90 days
Some alternatives to jail are community service, or electronic home monitoring
Probation
For a misdemeanor the probationary period is 2 years
Fines and Restitution
For a misdemeanor the possible fines range from $0-$1000
Restitution is reimbursement To the victim and may vary, it is considered when the victim requests it.
Classes
You may be subject to classes, for example domestic violence classes, anger management or drug and alcohol classes
No Contact Order
Courts commonly issue no contact orders, and can do so even over the victim’s objections
Criminal Mistreatment IN THE FOURTH DEGREE
What is Criminal Mistreatment in the Fourth Degree?
This is the lowest level of the Criminal Mistreatment charges. It is defined by RCW 9A.42.037. This offense may be charged when the allegations meet the following elements:
You are a parent, or a person who has been entrusted with or assumed responsibility for a child or dependent and agreed to provide basic of necessities of life for them
You have acted with criminal negligence (meaning you failed to be aware of a substantial risk, and doing so was a gross deviation from the standard of care that a reasonable person would exercise in the same situation)
And by withholding basic necessities of life, this either:
Created an imminent and substantial risk of bodily injury to a child or dependent
Or, caused bodily injury or extreme emotional distress manifested by more than transient symptoms to the child or dependent
Note that this charge only requires any bodily injury or emotional distress manifested in some kind of lasting symptom, this is the lowest burden of harm required of the Criminal Mistreatment charges, and a small injury can suffice to charge this offense.
What are the potential consequences of a charge for Criminal Mistreatment in the Fourth Degree?
These potential consequences include:
Jail Time
For a misdemeanor the possible jail time is 0-90 days
Some alternatives to jail are community service, or electronic home monitoring
Probation
For a misdemeanor the probationary period is 2 years
Fines and Restitution
For a misdemeanor the possible fines range from $0-$1000
Restitution is reimbursement To the victim and may vary, it is considered when the victim requests it.
Classes
You may be subject to classes, for example domestic violence classes, anger management or drug and alcohol classes
No Contact Order
Courts commonly issue no contact orders, and can do so even over the victim’s objections
Criminal Mistreatment IN THE Third DEGREE
What is Criminal Mistreatment in the Third Degree?
Criminal Mistreatment in the Third Degree is defined by RCW 9A.42.035, and may be charged if the allegations are as follows:
You are a parent, or a person who has been entrusted with or assumed responsibility for a child or dependent and agreed to provide basic of necessities of life for them
You have acted with criminal negligence (meaning you failed to be aware of a substantial risk, and doing so was a gross deviation from the standard of care that a reasonable person would exercise in the same situation)
And by withholding basic necessities of life, this created imminent and substantial risk of substantial bodily harm to a child or dependent person
What is Substantial bodily harm?
Substantial bodily harm is defined by WPIC 2.03.01 as a bodily injury that meets any of the following:
An injury that leaves a temporary but substantial disfigurement (for example severe bruising)
An injury that leaves a temporary but substantial impairment of a body part or organ
A fracture to any part of the body
What are the potential consequences of a charge for Criminal Mistreatment in the Third Degree?
These potential consequences include:
Jail Time
For a gross misdemeanor the possible jail time is 0-364 days
Some alternatives to jail are community service, or electronic home monitoring
Probation
For a gross misdemeanor the probationary period is 5 years
Fines and Restitution
For a gross misdemeanor the possible fines range from $0-$5000
Restitution is reimbursement to the victim and may vary, it is considered when the victim requests it.
Classes
You may be subject to classes, for example domestic violence classes, anger management or drug and alcohol classes
No Contact Order
Courts commonly issue no contact orders, and can do so even over the victim’s objections
Criminal Mistreatment IN THE SECOND DEGREE
What is Criminal Mistreatment in the Second Degree?
Criminal Mistreatment in the Second Degree is defined by RCW 9A.42.030 and can be charged if the allegations are as follows:
You are a parent, or a person who has been entrusted with or assumed responsibility for a child or dependent and agreed to provide basic of necessities of life for them
You have acted with criminal negligence (meaning you failed to be aware of a substantial risk, and doing so was a gross deviation from the standard of care that a reasonable person would exercise in the same situation)
And by withholding basic necessities of life, this has done one of the following:
created an imminent and substantial risk of death or great bodily harm
Or, causes substantial bodily harm
What is Substantial bodily harm?
Substantial bodily harm is defined by WPIC 2.03.01 as a bodily injury that meets any of the following:
An injury that leaves a temporary but substantial disfigurement (for example severe bruising)
An injury that leaves a temporary but substantial impairment of a body part or organ
A fracture to any part of the body
What is Great bodily harm?
Great bodily harm is defined by WPIC 2.04 as a bodily injury that:
Creates a probability of death,
Causes significant serious permanent disfigurement, or
Causes a significant permanent loss or impairment of the function of any bodily part or organ.
What are the potential consequences of a charge for Criminal Mistreatment in the Second Degree?
These potential consequences include:
Jail or Prison Time
Felonies carry the possibility of prison time which is incarceration for over one year. Time under one year would be served at a local jail.
For a class C felony, the jail or prison time ranges from 0-5 years, but this may vary depending on whether you have multiple charges, enhancements, and what your offender score is which is based on your charges and criminal history.
Some alternatives to jail are community service, or electronic home monitoring
Probation or DOC Supervision
If you are sentenced to prison time, then the Department of Corrections may supervise you afterwards for a period of time depending on your charges and criminal history
If you are sentenced to local jail time then the court will supervise your probation
Fines and Restitution
For a Class C felony the possible fines range from $0-$10,000
Restitution is reimbursement to the victim and may vary, it is considered when the victim requests it.
Classes
You may be subject to classes, for example domestic violence classes, anger management or drug and alcohol classes
No Contact Order
Courts commonly issue no contact orders, and can do so even over the victim’s objections
Loss of Firearm Rights
If you are convicted of a felony, you can lose your right to possess a firearm for life
Criminal Mistreatment IN THE FIRST DEGREE
What is an Criminal Mistreatment in the First Degree?
This is the most serious of the Criminal Mistreatment charges, and it is defined by RCW 9A.42.020. This offense may be charged when the allegations meet the following elements:
You are a parent, or a person who has been entrusted with or assumed responsibility for a child or dependent and agreed to provide basic of necessities of life for them
You have acted with criminal negligence (meaning you failed to be aware of a substantial risk, and doing so was a gross deviation from the standard of care that a reasonable person would exercise in the same situation).
This caused great bodily harm to the child or dependent by withholding any basic necessities of life.
What is Great bodily harm?
Great bodily harm is defined by WPIC 2.04 as a bodily injury that:
Creates a probability of death,
Causes significant serious permanent disfigurement, or
Causes a significant permanent loss or impairment of the function of any bodily part or organ.
The potential consequences include:
Jail or Prison Time
Felonies carry the possibility of prison time which is incarceration for over one year. Time under one year would be served at a local jail.
For a class A felony, the jail or prison time ranges from 0-life, but this may vary depending on whether you have multiple charges, enhancements, and what your offender score is which is based on your charges and criminal history.
Some alternatives to jail are community service, or electronic home monitoring
Probation or DOC Supervision
If you are sentenced to prison time, then the Department of Corrections may supervise you afterwards for a period of time depending on your charges and criminal history
If you are sentenced to local jail time then the court will supervise your probation
Fines and Restitution
For a Class A felony the possible fines range from $0-$50,000
Restitution is reimbursement to the victim and may vary, it is considered when the victim requests it.
Classes
You may be subject to classes, for example domestic violence classes, anger management or drug and alcohol classes
No Contact Order
Courts commonly issue no contact orders, and can do so even over the victim’s objections
Loss of Firearm Rights
If you are convicted of a felony, you can lose your right to possess a firearm for life
What can I do about charge for Criminal Mistreatment?
What should I do if I am accused of Criminal Mistreatment?
If you are being accused of a crime, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly we can work to stop those charges from being filed. If you are in this situation you can schedule a free consultation here.
What should I do if I am charged with Criminal Mistreatment?
If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges. Read more about what to do if you have been arrested here, or charged with a crime here.
Can I get my case dismissed?
The answer to this question will completely depend on the facts of your case. In any case a dismissal of the charges is the best case scenario, and there are multiple ways of getting one - outright, by completing a diversion program, or by winning a trial. You may also be able to have your charge amended down to a lesser charge. We can walk you through your options and likely outcomes so that you understand what is possible for your case.
