Have An Assault Charge?

Assault is a crime of violence, and can be charged as a misdemeanor or a felony, depending on the circumstances. "Assault" has been interpreted by Washington courts to mean an intentional (that is, not accidental) touching of another person that is either harmful or offensive, regardless of whether the other person was injured.

• Assault in the Fourth Degree

  A person commits Assault in the Fourth Degree when he intentionally assaults another person. Assault in the fourth degree is a gross misdemeanor.

  9A.36.041

• Assault in the Third Degree

  Assault in the Third Degree is often charged when a person assaults a police officer with the intent to resist arrest. Assaulting an official such as a firefighter, health-care provider, or transit bus driver is also chargeable as Assault in the Third Degree. If the victim is not acting in some type of official capacity (i.e., they are an 'ordinary' citizen), Assault in the Third Degree is can still be charged when criminal negligence causes substantial pain, or harm is done with a non-deadly weapon.

  9A.36.031

• Assault in the Second Degree

  Assault in the second degree may be charged under any of the following circumstances:

  • a person intentionally inflicts substantial bodily harm on another;
  • intentionally and unlawfully causes substantial bodily harm to an unborn child by unlawfully assaulting the pregnant mother;
  • assaults another with a deadly weapon;
  • causes someone to ingest a harmful or noxious substance;
  • assaults another while attempting to commit a separate felony;
  • knowingly inflicts pain on another as a form of torture.

  Generally, assault in the second degree is a Class B felony. However, a charge of assault in the second degree with a finding of sexual motivation (as defined by RCW 9.94A.835 or 13.40.135) is a Class A felony.

  9A.36.021

• Assault in the First Degree

  A person can be charged with Assault in the First Degree when he or she intentionally assaults another with a firearm, any other form of deadly weapon, or uses force likely to produce severe injury or death. Additionally, causing someone to ingest a poisonous substance or exposing another to the HIV virus can also result in a first degree assault charge. Typically, first and second degree assault are distinguished by the intent to inflict great bodily harm (first degree) versus substantial bodily harm (second degree). Use of a firearm in the assault usually elevates the charge to assault in the first degree. Assault in the First Degree is a class A felony.

  9A.36.011

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