Washington law carves out several degrees for the crime of assault. You are guilty of assault in the second degree under certain circumstances that do not amount to assault in the first degree (for example, assaulting someone and inflicting substantial bodily harm on the “victim”). Assault in the second degree is a serious felony in Washington (as opposed to a misdemeanor) that can lead to a state prison term of up to ten years. Please contact a skilled criminal defense attorney now if you are facing charges of any type of assault or violent crime charges.
How Does Washington Law Define Assault in the Second Degree?
RCW 9A.36.021 is the Washington statute that sets forth the crime of assault in the second degree. Per this law, you commit a crime if you do any of the following:
- Intentionally assault another and inflict substantial bodily harm on the “victim,”
- Intentionally and unlawfully causes substantial bodily harm to an unborn quick child by intentionally and unlawfully inflicting any injury upon the mother of such child,
- Assault another with a deadly weapon,
- With intent to inflict bodily harm, administer to or cause to be taken by another, poison or any other destructive or noxious substance,
- With intent to commit a felony, assault another,
- Knowingly inflict bodily harm which by design causes such pain or agony as to be the equivalent of that produced by torture, or
- Assault another by strangulation or suffocation.
Please note that you commit an “assault” when you:
- Threaten to harm or use force against another person, and
- You do so when you have the ability to inflict such harm or force.
What are the Penalties?
Assault in the second degree is most often charged as a Class B felony. A conviction of the crime is punishable by:
- Custody in state prison for up to ten years, and/or
- A maximum fine of $20,000.
Can a Defendant Raise a Legal Defense?
Yes. You have the right to challenge an assault in the second degree charge with a legal defense. Recall that in most cases involving this offense, you are only guilty if you intentionally tried to assault the “victim,” or acted with some other specific intent (for example, with an intent to commit a felony). Therefore, a valid defense is to show that you did not intentionally assault another or did not act with the specific purpose mentioned in the statute.
Your criminal defense attorney can also try to raise the defense that the police violated your rights, maybe by:
- Arresting you without probable cause,
- Coercing a confession, or
- Conducting an unlawful search and seizure.
If any of the above, your defense lawyer can try to have your charges reduced or even dropped.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge an assault charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on a wide variety of assault charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
* Main image at top by freepik
