FOURTH DEGREE ASSAULT (SIMPLE ASSAULT)

Under Washington State law, 4th degree assault is all other assaults that do not fit under the categories of 1st, 2nd, or 3rd degree assaults. There is no statutory definition for the word, “assault” in the Washington criminal statutes, but the courts use the civil definition of assault and battery when they apply the criminal statutes. The civil definition of “battery” is any offensive or harmful touching. “Assault” is either 1) an attempted battery or 2) intentionally putting another person in fear of immediate harm. If you do any of these things, you could potentially be charged with 4th degree assault.

Keep in mind that you can still be charged with assault, even if you did not touch another person, as long as you put them in fear of immediate harm or attempt to touch them in an offensive or harmful way. This would include something like raising your hand as if you were going to slap someone just to scare the other person. 4th degree assault is a gross misdemeanor, which means it is punishable by up to 1 year in jail. Assault charges are serious, especially the felony assault charges.

THIRD DEGREE ASSAULT

Whether you are charged with 3rd degree assault is usually dependent on who you are accused of assaulting. 3rd degree assault includes assaulting bus drivers, police, officers, doctors, and nurses while they are performing job-related duties. You could also be charged with 3rd degree assault if you negligently injure someone with a deadly weapon or negligently cause great pain to someone that lasts for a considerable time. 3rd Degree Assault is a felony.

SECOND DEGREE ASSAULT

2nd Degree Assault can be a number of things. Mainly, it is an assault where someone did not use a deadly weapon and did not intend to inflict great bodily injury. If you assault someone and  cause great bodily injury, but did not intend to cause great bodily harm or did not use a deadly weapon, it will most likely be charged as 2nd Degree Assault.  If it is charged as 1st Degree Assault, your attorney will need to challenge the prosecutor on the missing element of intent. Strangulation is always charged as 2nd Degree Assault in Washington.

FIRST DEGREE ASSAULT

1st Degree Assault is an assault where  the defendant INTENDED to inflict great bodily harm AND either 1) used a deadly weapon or 2) actually did inflict great bodily harm. 1st Degree Assault is a very serious felony.