Assault Defense Attorney in Seattle

Penalties for assault in the second degree in Washington:

Assault in the second degree is usually a class B felony, which RCW §9A.20.021 defines as punishable by a maximum sentence of ten years in prison, a maximum fine of $20,000, or both.

However, if a person commits assault in the second degree with sexual motivation, he has committed a class A felony.

Assault in the Third Degree:

According to RCW §9A.36.031, a person commits assault in the third degree if he, under circumstances not amounting to assault in the first or second degree:

• Assaults another with the intent to prevent or resist execution of any lawful process; or
• With criminal negligence, causes bodily harm to another person by means of a weapon or other harmful instrument; or
• With criminal negligence, causes bodily harm accompanied by substantial pain that extends for a period sufficient to cause considerable suffering

A person also commits assault in the third degree if he assaults a law enforcement officer, peace officer, nurse, physician, judicial officer, court-related employee, firefighter, transit operator, school bus driver, among other persons acting in a professional capacity or in a professional environment.

Penalties for assault in the third degree in Washington:

Assault in the third degree is a class C felony, which RCW §9A.20.021 defines as punishable by a maximum sentence of five years in prison, a maximum fine of $10,000, or both.

Assault in the Fourth Degree:

According to RCW §9A.36.041, a person commits assault in the fourth degree if he assaults another under circumstances not amounting to assault in the first, second, or third degree.

Penalties for assault in the fourth degree in Washington:

Assault in the fourth degree is a gross misdemeanor, which RCW §9A.20.021 defines as punishable by a maximum of 364 days in jail, a maximum fine of $5,000, or both. Under certain domestic-violence circumstances involving qualifying prior convictions, the charge can be elevated under RCW 9A.36.041, so the specific facts and history of your case matter from the outset.

Defending an Assault Charge:

A charge of assault requires the offender to act with intent. One defense might be that the person charged did not act with the intent to cause apprehension of physical harm in the victim. Another defense might be that the act did not, in fact, cause such apprehension in the victim. Other common defenses to a charge of assault are self-defense, defense of others, or defense of property.

Washington law identifies specific circumstances in which force or an offer to use force is lawful, including reasonable force used to prevent an offense against a person or property under RCW 9A.16.020. Whether that standard applies depends on the facts of the incident, the credible evidence available, and the degree charged. Additional issues an assault attorney in Seattle may examine include whether the alleged act was intentional, whether witnesses or recordings conflict with the charging account, and whether the prosecution can establish each required element of the charged degree. It is also worth knowing that the alleged victim’s preferences do not necessarily determine whether a prosecutor continues a criminal case.

As a general matter, a person under investigation or charged with assault should avoid discussing case facts with investigators or other involved parties before receiving legal advice. The best course of action depends on the individual case. It is crucial that you enlist the help of a skilled assault lawyer in Seattle to develop a defense strategy based on your case.

Working with Our Seattle Assault Defense Team

At Blair Kim Moeller, PLLC, our criminal defense practice has served clients in Seattle, King County, and across Washington State since 1996. Attorney Mark Blair is a former prosecutor who handled hundreds of trials, and he brings that prosecutorial perspective directly to his criminal-defense work. Our team has more than 70 years of combined experience, and our boutique approach means you work directly with your attorney throughout every stage of the case.

When you contact us for an initial case review, it helps to gather whatever documents and materials you have available: charging papers, court notices, release conditions, protection or no-contact orders, police paperwork, photographs, medical records, messages, video, and any witness information. The relevance of each item depends on the allegations, the charged degree, and where the case stands procedurally. We offer virtual consultations and bilingual services in Korean for clients who need them.

Fill out the contact form or call us at (888) 478-4001 to schedule your initial consultation.