Chapter 9A.36 of the Revised Code of Washington is the section of state law that defines assault and sets the penalties for it. In many states, assault refers to the threat of harm, while battery refers to the actual physical contact. However, Washington combines both crimes into a single offense.
If you have been charged with assault, contact our Tacoma assault attorneys and discuss your legal options. Schedule your free consultation today.
The Four Degrees of Assault in Washington
Washington ranks assault from first degree, the most serious, down to fourth degree, the least. The charge you face depends on the severity of the injury, whether a weapon was involved, the alleged intent, and the status of the person harmed:
- First-degree assault (RCW 9A.36.011): This charge involves intentionally causing or attempting to cause great bodily harm, often with a firearm or other deadly weapon. This is a Class A felony.
- Second-degree assault (RCW 9A.36.021): This charge occurs when someone inflicts a serious but non-life-threatening injury, strangles another person, or commits assault with a deadly weapon. This is a Class B felony.
- Third-degree assault (RCW 9A.36.031): This charge applies when injury is caused through criminal negligence or harm to a protected worker such as an officer, firefighter, or healthcare provider. This is typically a Class C felony.
- Fourth-degree assault (RCW 9A.36.041): This crime involves offensive or harmful contact without significant injury, such as pushing or slapping. This is usually a gross misdemeanor.
What Is Considered Battery in Washington State?
Many states treat assault and battery as separate offenses, but Washington does not. The physical contact that other states label battery, an unwanted or offensive touching, is folded directly into the assault statutes here. In practice, this means an act that would be charged as battery elsewhere will be filed as one of the four degrees of assault, with the degree set by the harm done and the surrounding facts. There is no standalone battery charge to face in Washington.
Penalties for Assault Under RCW 9A.36
The penalties for assault climb as the degree of the charge rises. Generally, the consequences of a conviction are as follows:
- First-degree assault is punishable by up to life in prison and a fine of up to $50,000
- Second-degree assault carries up to 10 years in prison and a $20,000 fine
- Third-degree assault may lead to up to 5 years in prison and a $10,000 fine
- Fourth-degree assault is punishable by up to 364 days in jail and a $5,000 fine
Common Defenses to an Assault Charge in Washington
If you are arrested for assault in Washington, you are considered innocent until proven guilty. You have the right to defend yourself against these charges, and a Tacoma criminal defense lawyer can help develop a strategy that identifies the weaknesses in the prosecution’s case.
Potential defenses to assault charges include:
- Self-defense or defense of another, where reasonable force was used to prevent harm
- Lack of intent, which can defeat charges that require the act to have been deliberate rather than accidental
- Insufficient evidence to meet the state’s burden of proof beyond a reasonable doubt
- Constitutional violations, such as an unlawful search, a coerced statement, or a failure to read your Miranda rights
Charged with Assault? Speak with The Law Offices of Mark S. Treyz
An assault charge puts your freedom, your record, and your future at risk. If you are facing these charges, The Law Offices of Mark S. Treyz will investigate the events that led to your arrest, challenge weak or improperly obtained evidence, and pursue the best possible outcome for your case.
Contact us today to discuss your next steps and start building your defense.