ASSAULT:
Assault no matter how minimal the contact or harm incurred has been liberally defined as an intentional touching of another person that is either harmful or offensive, regardless of whether the other person was injured.
Assault in the Fourth Degree
This charge occurs when someone intentionally assaults another person. Assault in the fourth degree is a gross misdemeanor subject to a maximum of one year in jail and a $5,000 fine.
RCW 9A.36.041
Assault in the Third Degree
Assault in the Third Degree is charged when a person assaults someone in official capacity. We generally see this crime charged when someone is accused of assaulting a police officer.
RCW 9A.36.031
Assault in the Second Degree
Assault in the Second Degree may be charged under any of the following circumstances:
- a person intentionally inflicts substantial bodily harm on another;
- intentionally and unlawfully causes substantial bodily harm to an unborn child by unlawfully assaulting the pregnant mother;
- assaults another with a deadly weapon;
- causes someone to ingest a harmful or noxious substance;
- assaults another while attempting to commit a separate felony;
- knowingly inflicts pain on another as a form of torture.
Assault in the second degree is a Class B felony unless there is a finding of sexual motivation.
RCW 9A.36.021
Assault in the First Degree
A person can be charged with Assault in the First Degree when he or she intentionally assaults another with a firearm, any other form of deadly weapon, or uses force likely to produce severe injury or death. This crime can be charged when someone ingests poisonous substances or being exposed to HIV. The use of a firearm in the assault usually elevates the charge to assault in the first degree. Assault in the First Degree is a class A felony.
RCW 9A.36.011
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