Washington's Four Degrees Of Assault Charges: What They Are And What You Need To Know.
The state of Washington has four different degrees of assault charges, and knowing the difference between them is extremely important to understand the severity of punishments that each can lead to.
Defining Assault
Washington state defines assault as inflicting any unwanted physical harm on another individual. The state breaks this down into four degrees, with the first being the most serious, and the fourth being the least.
First-Degree Assault
First-degree assault encompasses the most severe forms of assault in Washington. A person commits first-degree assault if they, with intent to inflict great bodily harm:
Assault another with a deadly weapon or with a force likely to inflict great bodily harm or death
Introduce another individual to a poisonous or destructive substance, or expose a child or vulnerable person to HIV
Assault another AND inflict great bodily harm
First-degree assault is considered a class A felony, punishable with up to a life sentence in prison, a fine up to $50,000, or both.
Second-Degree Assault
Assault in the second degree is committed if someone does not reach the circumstances of first-degree assault, but still:
Intentionally assaults another and recklessly inflicts substantial bodily harm
Assaults another with a deadly weapon
Assaults through strangulation or suffocation
Knowingly inflicts pain equivalent to torture
Exposes another to poison or a different destructive substance with the intent to inflict bodily harm
Assaults another with intent to commit a felony
Second-degree assault is considered a class B felony, punishable with up to ten years in prison, a fine up to $20,000, or both.
However, if one intentionally causes substantial bodily harm to an unborn child by intentionally inflicting injury to the mother, or if they commit second-degree assault with sexual motivation, then it is considered a class A felony.
Third-Degree Assault
Assault in the third degree is committed if someone does not reach the circumstances of first or second-degree assault, but still:
Causes bodily harm to another person with a weapon or object that is likely to produce bodily harm
Causes bodily harm with criminal negligence that is accompanied by substantial pain that causes considerable suffering
Assaults another with the intent of avoiding any lawful process
Assaults a person performing their job in a professional capacity which includes, but is not limited to, a nurse, a physician, a transit operator, a firefighter, and a law enforcement officer
Third-degree assault is considered a class C felony, punishable with up to five years in prison, a maximum fine of $10,000, or both.
Fourth-Degree Assault
Assault in the fourth degree is committed if someone inflicts any unwanted physical harm on another individual, but it does not reach the circumstances of first, second, or third-degree assault.
Fourth-degree assault is considered a gross misdemeanor, meaning it is more serious than a misdemeanor but less serious than a felony.
A gross misdemeanor is punishable with up to one year in prison, a maximum fine of $5,000, or both.
This article is not all-encompassing but is instead meant to summarize the degrees of assault in a more digestible way. We point you to chapter 9A.36 RCW of the Washington State Legislature for the exact legal definitions.
What To Do When Charged With Assault
Remembering what happened during your arrest is critical, and avoid saying anything incriminating. Remember, you have the right to remain silent.
To be charged with assault, the offender must have acted with intent. There are also several defenses that can be utilized including acting in self-defense.
If you or someone you know is charged with assault, then don’t hesitate to contact the assault charge lawyers at Verity Criminal Defense. They are knowledgeable in all the fine details and legalities of the four degrees of assault. With their criminal defense knowledge, they will be there to carefully analyze the case and fight for you.