Assault
- Assault in the First Degree
- Assault in the Second Degree
- Assault in the Third Degree
- Assault in the Fourth Degree
Assault in the First Degree - RCW 9A.36.011
- 1. A person is guilty of assault in the first degree if he or she, with intent to inflict great bodily harm:
- Assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or death; or
- Administers, exposes, or transmits to or causes to be taken by another, poison, the human immunodeficiency virus as defined in chapter 70.24 RCW, or any other destructive or noxious substance; or
- Assaults another and inflicts great bodily har
- 2. Assault in the first degree is a class A felony.
GREAT BODILY HARM means bodily injury that creates a probability of death, or that causes significant serious permanent disfigurement, or that causes a significant permanent loss or impairment of the function of any bodily part or organ.
An explosive or a firearm, whether loaded or unloaded, is a DEADLY WEAPON.
DEADLY WEAPON also means any weapon, device, instrument, substance, or article (including a vehicle), which under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or substantial bodily harm.
The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.
The crime of Assault in the First Degree has a MANDATORY MINIMUM SENTENCE of 60 months. The court does not have the discretion to impose a sentence below 60 months.
For a conviction of Assault in the First Degree:
- An offender score of zero establishes a range of 93 to 123 months in prison.
- An offender score of nine establishes a range of 240 to 318 months in prison.
A first offense Firearm Enhancement would add 60 months on to the end of a standard range sentence.
A first offense Deadly Weapon enhancement would add 24 months on to the end of a standard range sentence.
Assault in the Second Degree - RCW 9A.36.021
- A person is guilty of assault in the second degree if he or she, under circumstances not amounting to assault in the first degree:
- Intentionally assaults another and thereby recklessly inflicts substantial bodily harm; or
- 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; or
- Assaults another with a deadly weapon; or
- With intent to inflict bodily harm, administers to or causes to be taken by another, poison or any other destructive or noxious substance; or
- With intent to commit a felony, assaults another; or
- Knowingly inflicts bodily harm which by design causes such pain or agony as to be the equivalent of that produced by torture; or
- Assaults another by strangulation.
- 2. a. Except as provided in b. of this subsection, assault in the second degree is a class B felony.
- b. Assault in the second degree with a finding of sexual motivation under RCW 9.94A.835 or 13.40.135 is a class A felony.
SUBSTANTIAL BODILY HARM means bodily injury that involves a temporary but substantial disfigurement, or that causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or that causes a fracture of any bodily part.
An explosive or a firearm, whether loaded or unloaded, is a DEADLY WEAPON. Deadly weapon also means any weapon, device, instrument, substance, or article (including a vehicle), which under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or substantial bodily harm.
STRANGULATION means to compress a person's neck, thereby obstructing the person's blood flow or ability to breathe, or doing so with the intent to obstruct the person's blood flow or ability to breathe.
The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.
For a conviction of Assault in the Second Degree:
- An offender score of zero establishes a range of 3 to 9 months in jail.
- An offender score of nine establishes a range of 63 to 84 months in prison.
A first offense Firearm Enhancement would add 36 months on to the end of a standard range sentence.
A first offense Deadly Weapon enhancement would add 12 months on to the end of a standard range sentence.
Assault in the Third Degree - RCW 9A.36.031.
- A person is guilty of assault in the third degree if he or she, under circumstances not amounting to assault in the first or second degree:
- With intent to prevent or resist the execution of any lawful process or mandate of any court officer or the lawful apprehension or detention of himself or another person, assaults another; or
- Assaults a person employed as a transit operator or driver, the immediate supervisor of a transit operator or driver, a mechanic, or a security officer, by a public or private transit company or a contracted transit service provider, while that person is performing his or her official duties at the time of the assault; or
- Assaults a school bus driver, the immediate supervisor of a driver, a mechanic, or a security officer, employed by a school district transportation service or a private company under contract for transportation services with a school district, while the person is performing his or her official duties at the time of the assault; or
- With criminal negligence, causes bodily harm to another person by means of a weapon or other instrument or thing likely to produce bodily harm; or
- Assaults a firefighter or other employee of a fire department, county fire marshal's office, county fire prevention bureau, or fire protection district who was performing his or her official duties at the time of the assault; or
- With criminal negligence, causes bodily harm accompanied by substantial pain that extends for a period sufficient to cause considerable suffering; or
- Assaults a law enforcement officer or other employee of a law enforcement agency who was performing his or her official duties at the time of the assault; or
- Assaults a peace officer with a projectile stun gun; or
- Assaults a nurse, physician, or health care provider who was performing his or her nursing or health care duties at the time of the assault. For purposes of this subsection: "Nurse" means a person licensed under chapter 18.79 RCW; "physician" means a person licensed under chapter 18.57 or 18.71 RCW; and "health care provider" means a person certified under chapter 18.71 or 18.73 RCW who performs emergency medical services or a person regulated under Title 18 RCW and employed by, or contracting with, a hospital licensed under chapter 70.41 RCW.
- Assault in the third degree is a class C felony.
A person is CRIMINALLY NEGLIGENT or acts with criminal negligence when he or she fails to be aware of a substantial risk that a wrongful act may occur and this failure constitutes a gross deviation from the standard of care that a reasonable person would exercise in the same situation.
When criminal negligence as to a particular result or fact is required to establish an element of a crime, the element is also established if a person acts intentionally or knowingly or recklessly as to that result or fact.
The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.
The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.
For a conviction of Assault in the Third Degree:
- An offender score of zero establishes a range of 1 to 3 months in jail.
- An offender score of nine establishes a range of 51 to 60 months in prison.
A first offense Firearm Enhancement would add 18 months on to the end of a standard range sentence.
A first offense Deadly Weapon enhancement would add 6 months on to the end of a standard range sentence.
Assault in the Fourth Degree RCW 9A.36.041.
- A person is guilty of assault in the fourth degree if, under circumstances not amounting to assault in the first, second, or third degree, or custodial assault, he or she assaults another.
- Assault in the fourth degree is a gross misdemeanor.
An ASSAULT is an intentional touching or striking or cutting or shooting of another person, with unlawful force, that is harmful or offensive regardless of whether any physical injury is done to the person. A touching or striking or cutting or shooting is offensive if the touching or striking or cutting or shooting would offend an ordinary person who is not unduly sensitive.
An assault is also an act, with unlawful force, done with intent to inflict bodily injury upon another, tending but failing to accomplish it and accompanied with the apparent present ability to inflict the bodily injury if not prevented. It is not necessary that bodily injury be inflicted.
An assault is also an act, with unlawful force, done with the intent to create in another apprehension and fear of bodily injury, and which in fact creates in another a reasonable apprehension and imminent fear of bodily injury even though the actor did not actually intend to inflict bodily injury.
An act is not an assault, if it is done with the consent of the person alleged to be assaulted.
The maximum penalty for Assault in the Fourth Degree is 365 days in jail and a $5000 fine. The sentencing judge is not required to impose a minimum sentence.
Tim@LearyDefense.com
206-382-2401
1111 Third Avenue, Suite 2230
Seattle, WA 98101
