Fourth Degree Assault and How it Differs

Understating Assault to the Fourth Degree

Fourth degree assault is less serious than all other assault charges. According to RCW 9A.36.041, “a person is guilty of assault in the fourth degree if, under circumstances not amounting to assault in the first, second, or third degree, or custodial assault, he or she assaults another.” 

Assault to the fourth degree is classified as a gross misdemeanor which carries different penalties than a misdemeanor. The maximum penalty that a judge can impose is

• Gross Misdemeanor: Up to a $5,000 fine and 364 days in jail

• Misdemeanor: Up to a $1,000 fine and 90 days in jail

How Does Assault Differ By Degree?

Two major differences between different degrees of assault include the nature of the crime and potential consequences. 

If the charge is committed with any of the following it would be third degree assault.

• Assaults a firefighter or police officer

• Assaults a nurse, physician, or other healthcare provider

• Commits assault in an effort to avoid being taken into custody or impede the execution of any lawful process

• Assaults a person employed as a transit operator or driver

• Negligently causes bodily harm to another person using a weapon

If the charge is committed with any of the following it would be second degree assault.

• Assault with a deadly weapon

• Assault while attempting to commit a felony

• Assault by strangulation

• Intentionally assaulting another and inflicting substantial bodily harm

• Intentionally assaulting and unlawfully causing substantial bodily harm to an unborn child by inflicting injury upon the mother of the child

• Administering poison with the intent to inflict bodily harm

Finally, if the charge is committed with any of the following it would be first degree assault.

• Assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or death; or

• Transmits HIV to a child or vulnerable adult; or

• Administers, exposes, or transmits to or causes to be taken by another, poison or any other destructive or noxious substance; or

• Assaults another and inflicts great bodily harm.

The level of consequences varies by degree. While fourth degree assault is a gross misdemeanor, third degree assault is a class C felony, second degree assault is a class B felony, and first degree assault is a class A felony. In Washington State, felonies carry the following consequences. 

• Class A Felony: Up to a $50,000 fine and a lifetime in jail

• Class B Felony: Up to a $20,000 fine and 10 years in jail

• Class C Felony: Up to a $10,000 fine and 5 years in jail

I’m Being Charged With Assault. What Should I Do Next?

If you are being charged with any degree of assault, contact the experts at Verity Criminal Defense to request a free case review. We will help you review the evidence and mitigate potential consequences. Give us a call to find out where you stand and the next steps in planning your legal defense.