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Assault

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Assault in Washington State means an intentional touching that is offensive and is done with unlawful force, or is intended to create fear of bodily injury. The law does not require that a physical injury occurred for an assault charge to be filed. A simple accusation of a push, a slap, or even that a person prevented another person from leaving a room, can result in a criminal assault charge being filed. Assault charges are broken down into four degrees:

  • First-Degree Assault (Assault I, a Class A Felony): This is the most serious charge and typically involves assaulting someone with a deadly weapon or firearm with the intent to inflict great bodily harm, or assaulting and inflicting great bodily harm. If you are convicted of Assault I, you face a possible life sentence in prison and a fine of up to $50,000.
  • Second-Degree Assault (Assault II, a Class B Felony): This charge can apply if you cause "substantial bodily harm," use a deadly weapon, assault with the intent of committing a felony, or assault someone via strangulation or suffocation. If you are convicted of Assault II, you face up to 10 years in prison and a fine of up to $20,000.
  • Third-Degree Assault (Assault III, a Class C Felony): Assault III is typically charged when the victim belongs to a protected class of worker acting in their official capacity. Examples include law enforcement officers, firefighters, healthcare providers, and mass transit operators. If you are convicted of Assault III, you face up to 5 years in prison and a fine of up to $10,000.
  • Fourth-Degree Assault (Assault IV, a Gross Misdemeanor): The least serious form of assault, Assault IV includes intentional and offensive touching of someone who doesn't want to be touched, causing someone fear of harm, or attempting to inflict harm. If you are convicted of Assault IV, you face up to 364 days in jail and a fine of up to $5,000.

Domestic Violence Assault

If an assault involves a family or household member, a Domestic Violence label is added on to the charges which can lead to further consequences beyond the standard punishments for assault.

Regardless of which degree of Assault you find yourself charged with, you need an attorney who will fight hard for your rights. The criminal defense attorneys that make up the criminal defense team at SQ Attorneys is a very skilled and experienced team dedicated to providing effective, aggressive representation for those charged with assault in Western Washington. The team creates success by not only working with alleged victims to develop a relationship and encourage positive communication, but the team also works with law enforcement and the prosecuting attorney’s office to ensure that all facts and circumstances related to the allegations are considered in creating an equitable and fair resolution.


Assault FAQs

No, not by the alleged victim. Only the prosecutor can make the decision to dismiss or proceed with assault charges. The prosecutor's office reviews the police incident report after an arrest to determine whether or not they will file charges. They will consider the victim's requests, but they may decide to file charges even if the victim chooses not to cooperate.

There is generally no statute of limitations for most felony assaults in Washington. For Assault IV charges, prosecutors must typically file charges within two years of the alleged crime.