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Understanding Assault Laws in Washington State

Assault is unwanted physical contact or threat of contact that is considered to be offensive to the alleged victim. It may or may not result in an actual injury. How it is charged will depend on what type of physical contact was involved, whether it resulted in injuries, and if a weapon was used.

Have you been accused of assault in or around the Tacoma area? An allegation of assault can be serious, leading to potential jail time, fines, probation, and a permanent criminal record. When accused of this offense, it is in your best interests to bring in a trusted Tacoma criminal defense lawyer from Hester Law Group as soon as possible for your defense. If you have not been charged, we may be able to negotiate with the prosecutor to drop the charge. If you have been charged, it is vital that your legal rights are protected in the face of investigators, law enforcement, and judges.

Distinguishing Between Battery and Assault in Washington State

In Washington State, "battery" and "assault" are two separate but related crimes.

  • Assault is defined as intentionally causing or attempting to cause bodily injury to another person, or intentionally placing another person in fear of imminent bodily harm. Assault can be charged as either a misdemeanor or a felony, depending on the severity of the offense and the circumstances surrounding it.
  • Battery, on the other hand, is the unlawful touching of another person without their consent. Battery can also be charged as either a misdemeanor or a felony, depending on the severity of the offense and the circumstances surrounding it.

In simple terms, assault is the threat of violence or the attempt to cause harm, while battery is the actual physical contact or touching of another person without their consent. However, the two crimes can overlap, as an assault can also involve battery if physical contact is made.

What Is Aggravated Assault and Its Implications?

According to Washington State law, aggravated assault is defined as an unlawful attack by one person on another wherein the offender uses a weapon or displays the apparent ability to use a deadly weapon, and the victim suffers serious bodily injury. Additionally, any assault that is committed with the intent to commit rape, robbery, or another felony is considered aggravated assault.

On the other hand, simple assault is defined as an unlawful attack by one person against another, without the use of a weapon. However, both types of assault are serious crimes that can result in jail time, fines, and other penalties. If you have been charged with either type of assault, it is important to understand the difference between the two and what you may be facing.

Contact a Tacoma assault defense lawyer at (F:P:Sub:Phone} for a free consultation about your case.

Understanding Washington’s Assault Penalties: 1st - 4th Degree

Unfortunately, prosecutors can be overzealous and file charges before the facts are known. You could be charged with assault when no injury has occurred and with no actual evidence except the accuser’s statement. In cases where assault offense involved a family member, domestic violence can also be added to the charges.

The various types of assault in Washington include:

  • Fourth-degree assault, which may be any unwanted touching, charged as a gross misdemeanor punishable by up to a year in jail and fines of up to $5,000
  • Third-degree assault, which results from contact with a firefighter, law enforcement officer, or other specified public servant, charged as a Class C felony punishable by up to five years in prison and fines of up to $10,000
  • Second-degree assault, in which bodily harm was inflicted with force or a deadly weapon, charged as a Class B felony punishable by up to 10 years in prison and fines of up to $20,000
  • First-degree assault, resulting in great bodily harm inflicted with force or a deadly weapon punishable by up to life in prison and fines of up to $50,000

Bringing in a criminal defense attorney as soon as possible is crucial. Our firm will conduct a thorough investigation into all of the facts and circumstances surrounding your case. As trial-tested attorneys, we have the skills, resources, and knowledge to build a defense designed to give you the best chance of a favorable outcome.

Call us at (253) 300-3034 or contact us online today.

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