Assault Charges

4th Degree Assault (RCW 9A.36.041)

Assault in the Fourth Degree or simple assault is the most common assault charge in Washington State. Assault 4 is a gross misdemeanor that is punishable by up to 364 days in jail and a $5,000 fine, with no mandatory minimum jail time (unless there is a special designation such as domestic violence).

4th Degree Assault is widely defined and any intentional unwanted touching (or unwanted physical contact that is attempted but missed) can meet the definition of assault.

In WA State areas that include Seattle, Bellevue, Renton, Everett, Tacoma, & Olympia, Assault 4 charges are frequently based solely on the statements of the alleged victim. Accusations are often untrue or are based on a misunderstanding, causing many people to be wrongfully accused of assault.

If there are marks on the alleged victim, the prosecutor will likely use this as evidence. However, it can sometimes be argued that the mark or bruise was from a self-defense action or an unrelated event.

There are many ways in which we can mitigate or get the charge completely dismissed. In many cases, we can:

2nd Degree Assault (RCW 9A.36.021)

Assault in the Second Degree is a Class B felony that is punishable by up to 10 years in jail and a $20,000 fine. If found guilty of a first offense Assault 2 charge, the sentencing guidelines require a minimum of three months in jail. Assault 2 is considered a violent felony strike offense. Additionally, enhanced penalties can apply if a weapon was used in the commission of this crime.

In Washington State, you can be charged with 2nd Degree Assault if any of the following apply:

Substantial Injury – When an arrest is made, the medical diagnosis of the injuries has not been determined. However, suspects are often booked on felony Assault in the Second Degree, when in fact the injuries only meet the criteria for Assault in the Fourth Degree (gross misdemeanor). We commonly see this when it is anticipated that there is a facial fracture or a broken nose.

Strangulation – The facts are essentially a misdemeanor Assault in the Fourth Degree since a serious injury likely did not result. During the police investigation, law enforcement will often coach an alleged victim into discussing any touching of the neck area. The police report will then describe the contact as strangulation (Assault 2) as opposed to just unwanted touching (Assault 4). An important defense can be to convince the prosecutor or jury that either there was no contact in the neck area or that the contact did not involve choking or squeezing.

Deadly Weapon – Law enforcement and witnesses often present skewed facts of an incident when there was a deadly weapon at the scene, especially if it was never actually used during the assault. Deadly weapons can include guns, knives, bats, motor vehicles, and many other items that have the potential to cause substantial bodily harm.

Is Self-Defense a Valid Defense?

Self-defense is a powerful criminal defense argument if you used “reasonable and necessary force.” A good assault attorney can communicate your side of the story in the best possible light, preventing a common scenario where the accused person makes statements that are self-incriminating or taken out of context.

A self-defense argument can be raised if any of the following applies:

What if the Victim Doesn’t Want to Press Charges?

Unfortunately, even if the alleged victim does not want to press charges, the prosecutor will often bring charges anyway. This is especially true if you are unrepresented.

In Seattle, Bellevue, Kent, Everett, Tacoma, & many other WA State courts, charges are often filed when there is no injury, no witness, and no other evidence to back up the statement of the accuser. It is also common for people to be charged with a level of assault that is far too serious, given the allegations.

If you have already been charged, you should not remain unrepresented. All too often, unrepresented defendants have their rights trampled on by law enforcement, investigators, and overzealous judges.

What if Charges are Still Pending? (Assault Inv.)

After an arrest in Washington State, the court record or jail roster may use the label “assault inv” or “assault-inv.” Inv. is the court’s abbreviation for investigation. This means that the case is with the prosecutor’s office and the prosecutor is preparing to file assault charges.

If you can work with a skilled assault attorney before you are charged, this gives your counsel an opportunity to prevent further escalations by the prosecutor.

An effective pre-charge defense can:

1. Prevent charges from being filed in the first place
2. Result in less serious charges being brought
3. Prevent an in custody (jail) situation from occurring
4. Reduce the bail money that the prosecutor is requesting

Is it Assault if the Fighting was Mutual?

The City of Seattle has a law on the books that does not disallow mutual combat if the fighting does not endanger bystanders or property not belonging to the fighters. However, if a combatant substantially injures or chokes the other fighter, felony assault charges will very likely be brought.

Laws allowing mutual combat outside of Seattle are uncommon, however, it can still be a valid defense to an assault charge. This is especially true if the defendant did not inflict substantial bodily harm on the other fighter and that person agrees that the fight was consensual.

Domestic Violence Assault

If a domestic relationship is established between yourself and the alleged victim, a domestic violence designation will be added to the charge to increase the severity of the consequences. In these cases, it is important to immediately cease all direct and indirect contact with the alleged victim, to prevent a violation of any court orders that prevent contact.

How to get an Assault Charge Dropped or Reduced

It is rare that we come across an assault case that is hopeless. We can normally find facts in your favor after doing our own independent investigation.

Even if there was an admission of guilt, if this is your first assault offense, negotiations with the prosecutor can still result in a favorable outcome. In over 95% of our cases defending a first time assault charge, we can negotiate an outcome that results in charges being dropped or significantly reduced.

At Beckwith Criminal Law, we are experienced assault lawyers in courts that include Seattle, Bellevue, Everett, Kent, Tacoma & throughout King, Snohomish, Pierce, Thurston, & Kitsap County.

You can call us today for a free consultation. We have a highly skilled criminal defense attorney available to speak with you seven days a week (until 9PM).