There are several degrees of assault under Washington law. You are guilty of assault in the fourth degree under certain circumstances that do not amount to assault in the first degree, assault in the second degree, or assault in the third degree. An example is when you threaten to harm someone. Fourth degree assault is charged as a misdemeanor in Washington (as opposed to a felony) and a conviction can result in a jail term of up to one year. Please contact a skilled criminal defense attorney now if you are facing any type of assault charge.
How Does Washington Law Define Assault in the Fourth Degree?
RCW 9A.36.041 is the Washington statute that sets forth the crime of assault in the fourth degree. You are generally guilty of this crime if:
- You threaten to harm or use force against another person,
- Do so when you have the ability to inflict such harm or force, and
- There are no aggravating factors present that would escalate the assault to either assault in the first degree, assault in the second degree, or assault in the third degree.
Note that assault in the fourth degree is the least severe form of assault under Washington law.
What are the Penalties?
Assault in the fourth degree is charged as a misdemeanor. A conviction is punishable by:
- Custody in county jail for up to one year, and/or
- A maximum fine of $5,000.
Can a Defendant Raise a Legal Defense?
Yes. You have the right to challenge an assault in the fourth degree charge with a legal defense. A common defense is for you to show that you did not “threaten” the alleged “victim.” Maybe, for example, you were joking with the “victim” and that person mischaracterized your comments. You can also show that you were threatening harm or force out of self-defense.
Your criminal defense attorney can also assert that the police somehow violated your rights. Your criminal defense lawyer can help make this showing by alleging that the authorities:
- Arrested you without probable cause,
- Coerced a confession, or
- Conducted an unlawful search and seizure.
If any of the above, then your attorney can move 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!
