Washington law identifies several degrees of assault. You are guilty of assault in the third degree under certain circumstances that do not amount to assault in the first degree or assault in the second degree. An example is assaulting a school bus driver while that person is performing their official duties. Third degree assault is charged as a felony in Washington (as opposed to a misdemeanor) and a conviction can result in a state prison term of up to five years. 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 Third Degree?
RCW 9A.36.031 is the Washington statute that describes the crime of assault in the third degree. You are generally guilty of this crime if you:
- Assault someone while that person is performing their official duties, such as a law enforcement officer, school bus driver, or healthcare provider,
- Assault someone with “criminal negligence,”
- Assault someone with criminal negligence and do so with a weapon or instrument that could cause bodily harm, or
- Assault someone with criminal negligence and the assault results in substantial pain for the “victim.”
Please note that “criminal negligence” is when someone fails to be aware of a substantial risk of a wrongful act and that failure is a gross deviation from how a reasonable person would act in the same situation. Criminal negligence is a form of recklessness, where you act significantly differently than an ordinary person under similar circumstances.
Also 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 third degree is most often charged as a Class C felony. A conviction of the crime is punishable by:
- Custody in state prison for up to five years, and/or
- A maximum fine of $10,000.
Can a Defendant Raise a Legal Defense?
Yes. You have the right to challenge an assault in the third degree charge with a legal defense. Recall that you are usually only guilty of this crime if you act with criminal negligence. A defense then is for you to show that you did not act recklessly, or in a manner that was unreasonable under the circumstances. You can also contest a charge by showing that you acted in self-defense of yourself or another person.
Your criminal defense attorney may also try to help by showing that the police either:
- Arrested you without probable cause,
- Coerced a confession, or
- Arrested you after an unlawful search or seizure.
If any of the above, then your defense lawyer 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!
