Assault Charges In Washington
ASSAULT CHARGES
Assault in Washington State is governed by RCW chapter 9A.36. In Washington, there are some crimes that have different levels of classifications, with the most serious classifications having the most serious consequences. Assault has four different degrees of seriousness, Assault in the Fourth Degree being the least serious, and Assault in the First Degree being the most.
Domestic Violence Assault Charges
Assault charges are often charged as domestic violence charges. This is because there is often a relationship between the person being charged and the alleged victim. 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.
What is an Assault?
In Washington, an assault is defined 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.
This means that an assault can be charged when you touch someone in a harmful or offensive way, but also just if you have placed them in reasonable fear of it happening, even if it did not. Note that this definition in itself does not actually require harm to be caused. Intent can also transfer. For example, if you meant only to put the person in fear of assault but then actually hit them, the intent transfers and you can be charged with assault. The same is true if you intend to assault someone else and accidently assault another person instead.
Intentional means it must be proved it was not a mere accident
A touch or strike can be the lightest touch, for example a poke. It can also by accomplished by way of an object, for example throwing an object at someone or shooting them is also an assault.
Unlawful means it was unconsented to, harmful or offensive
Reasonable fear or apprehension means the average reasonable person in that situation would be afraid the touch would occur
ASSAULT IN THE FOURTH DEGREE
What is an Assault in the Fourth Degree?
Under RCW 9A.36.041, Assault in the 4th degree is the lowest level of the Assault charges, an Assault in the 4th degree is an act that meets the basic definition above. It is either:
Intentionally touching someone in a way that is harmful or offensive; or
Placing someone in reasonable fear or apprehension that a harmful or offensive touch will occur
What are the potential consequences of a charge for Assault in the Fourth Degree?
Assault in the 4th degree is a misdemeanor. However, if it is proven as domestic violence, then it is a gross misdemeanor which comes with heavier punishments (Domestic violence is an offense where the alleged victim is a romantic partner, roommate, or family member; read more about them here).
These potential consequences include:
Jail Time
For a Assault 4 (as a regular misdemeanor) the possible jail time is 0-90 days
For Assault 4 DV (a gross misdemeanor) the possible jail time is 0-365 days
some alternatives to jail are community service, or electronic home monitoring
Probation
For a Assault 4 (as a regular misdemeanor) the probationary period is 2 years
For Assault 4 DV (a gross misdemeanor) the probationary period is 5 years
Fines and Restitution
For a Assault 4 (as a regular misdemeanor) the possible fines range from $0-$1000
For Assault 4 DV (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 in Assault cases, and can do so even over the victim’s objections
Loss of Firearm Rights
If charged as domestic violence, you can lose your right to possess a firearm for life
Read more about consequences of domestic violence charges here.
ASSAULT IN THE THIRD DEGREE
What is an Assault in the Third Degree?
Assault in the Third Degree under RCW 9A.36.031 meets the requirements of Assault in the Fourth Degree, but is against a specific type of alleged victim. Assault in the Third Degree can be charged when the alleged victim is performing their official duties as:
A police officer
A firefighter
A healthcare provider
An officer of the court (or any assault that happens in a court)
What are the potential consequences of a charge for Assault in the Third Degree?
Assault in the 3rd degree is a Class C felony, which is the least serious level of felony charges.
These potential consequences include:
Jail or Prison Time
For a Class C felony, the range is 0-5 years
As a felony, this charge carries the possibility of prison time, which is incarceration for more than one year. If less than one year the time would be served at local county jail.
The amount of time you are sentenced to varies as it depends on your charges and criminal history, as felonies are sentenced based upon your offender score.
Some alternatives to jail are community service, or electronic home monitoring
Probation or DOC Supervision
If you are sentenced to time in the Department of Corrections, then they will supervise you after your release for a period of time depending on your charge and criminal history
Probation is monitored by the court and applies when you are sentenced to time under one year
Fines and Restitution
For a a Class C felony the fines can 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 in Assault case.
Loss of Firearm Rights
With any felony charge you can lose your right to possess a firearm for life
ASSAULT IN THE SECOND DEGREE
What is an Assault 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
Strangulation
Under this prong, to convict on Assault 2nd Degree, they have to prove strangulation. To prove strangulation, there must be a restriction of airflow, so merely putting your hands around someone’s throat is not sufficient to prove Assault in the Second Degree. If this is not proven it may be charged as or convicted for Assault 4th Degree.
What are the potential consequences of a charge for Assault in the Second Degree?
Assault in the 2nd Degree is a Class B felony, unless done with sexual motivation which becomes a Class A felony. This charge is often charged as a domestic violence charge as there is often a relationship between the person charged and the victim (domestic violence is an offense where the alleged victim is a romantic partner, roommate, or family member; read more about them here).
Potential consequences include:
Jail or Prison Time
For a Class B felony, the range is 0-10 years
As a felony, this charge carries the possibility of prison time, which is incarceration for more than one year. If less than one year the time would be served at local county jail.
The amount of time you are sentenced to varies as it depends on your charges and criminal history, as felonies are sentenced based upon your offender score.
some alternatives to jail are community service, or electronic home monitoring
Probation or DOC Supervision
If you are sentenced to time in the Department of Corrections, then they will supervise you after your release for a period of time depending on your charge and criminal history
Probation is monitored by the court and applies when you are sentenced to time under one year
Fines and Restitution
For a Class B felony, the fines can range from $0-$20,000
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 in Assault cases, and can do so even over the victim’s objections
Loss of Firearm Rights
As both a felony, and a charge that can be domestic violence, you can lose your right to possess a firearm for life
Read more about consequences of domestic violence charges here.
ASSAULT IN THE FIRST DEGREE
What is an Assault in the First Degree?
Assault in the 1st Degree, under RCW 9A.36.011, begins with the basic definition of an assault, but is charged when the assault is done with the intent to inflict great bodily harm; and
The assault is done with a deadly weapon
There is an infliction of great bodily harm
The assault is done by poison
The assault is done by transmission of HIV
Great Bodily Harm
Great bodily harm must be proven for a conviction of Assault in the 1st Degree. 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 Assault in the First Degree?
Assault in the 1st Degree is a Class A felony, which is the most serious class of felonies. This charge is sometimes charged as a domestic violence charge as in many cases there is a relationship between the person charged and the victim (Domestic violence is an offense where the alleged victim is a romantic partner, roommate, or family member; read more about them here).
Potential consequences include:
Jail or Prison Time
For a Class A felony, the range is 0-life
As a felony, this charge carries the possibility of prison time, which is incarceration for more than one year. If less than one year the time would be served at local county jail.
The amount of time you are sentenced to varies as it depends on your charges and criminal history, as felonies are sentenced based upon your offender score.
Some alternatives to jail are community service, or electronic home monitoring
Probation or DOC Supervision
If you are sentenced to time in the Department of Corrections, then they will supervise you after your release for a period of time depending on your charge and criminal history
Probation is monitored by the court and applies when you are sentenced to time under one year
Fines and Restitution
For a Class A felony, the fines can 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 in Assault cases, and can do so even over the victim’s objections
Loss of Firearm Rights
As both a felony, and a charge that can be domestic violence, you can lose your right to possess a firearm for life
Read more about consequences of domestic violence charges here.
WHAT CAN I DO ABOUT AN ASSAULT CHARGE?
What should I do if I am accused of Assault?
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 Assault?
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.
What if the alleged victim wants to drop the charges against me?
We have addressed this issue in detail in our article, here. However, the short answer is that the alleged victim cannot make the charges go away. Only the district attorney has control over whether or not charges will be filed, and you will need an attorney’s help to fight them on that. That being said, we can work with the district attorney to stop them from filing charges against you, and tell you how the victim’s participation, or lack thereof, in the case against you can impact your case.
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. We can walk you through your options and likely outcomes so that you understand what is possible for your case.
