The legal definition of assault is an attempted battery or intentional actions which create a reasonable apprehension of harm or an offensive contact. In Washington State, there are four separate charges involving criminal assault. The least serious charge in this category is assault in the fourth degree.
It is important to note that the definition of assault will vary by jurisdiction. However, generally, a standard case for assault includes:
- The defendant must have intended to create apprehension or awareness in a victim. In contrast to the crime of battery, an accidental act does not give rise to an assault charge. There must be intent;
- The prosecution must prove that the victim reasonably believed they would be harmed or offended by the defendant’s conduct. In other words, the victim must have been aware of or be able to apprehend the defendant’s potential to harm or offend them;
- The victim’s belief that there would be an impending injury must be reasonable. The belief must have created a sense of immediate and physical danger, although there are some exceptions; and
- The defendant must have presented an intention to harm or offend the victim by a physical act.
Examples of assault may include:
- Attempting to spit on an individual;
- Miming the act of kicking, punching, or hitting an individual;
- Brandishing a non-deadly or a deadly weapon in a manner which suggests that the individual would be hit with that object; and
- Pointing a firearm at the individual, regardless of whether it is loaded or not.
Additionally, there are some states that have statutes which define assault as a criminal attempted battery. It is important not to confuse assault and battery, as many jurisdictions treat them as separate offenses.
One easy way to remember the difference between assault and battery is that assault merely requires an individual to reasonably believe or be aware that they are in danger of imminent harm, even if there is no resulting physical injury, whereas a battery requires the use of force and actual contact.
Is it Necessary to Strike Another Person in Order to be Found Guilty of Assault?
An individual does not necessarily have to strike another individual in order to be found guilty of assault. The legal definition and elements of proof for assault, in fact, do not mention any type of physical contact. They only mention, rather, the reasonable belief that a harmful or offensive contact will occur.
There are, however, some actions which offer stronger proof that an assault did occur. For example, if an individual gets in another individual’s face, it may be considered assault if the individual committing the assault is being aggressive as well as other actions, including:
- Screaming;
- Spitting; or
- Threatening to hit the individual with an object in their possession, such as a:
- bat;
- beer bottle;
- their fist; or
- any other object.
On the other hand, if an individual is getting in their friend’s face and pretending to slap them when both parties are joking and laughing about it, this will not constitute assault.
How is Assault in the Fourth Degree Defined in Washington State?
As previously noted, assault in the fourth degree is the least serious assault charged in Washington State. Although this charge is a lesser charge, it is still a complex charge. It includes any assaults which do not rise to the level of assault in the first, second, or third degree.
What is Assault in the First Degree?
Assault in the first degree occurs when an individual intentionally causes great bodily harm or death to another individual using a firearm or other deadly weapon. This charge also includes when a defendant exposes, administers, or transmits a poison, HIV, or another toxic substance to a victim.
What is Assault in the Second Degree?
Assault in the second degree includes numerous different actions, including:
- Strangling another individual;
- Harming an unborn child; and
- Administering poison in order to cause harm.
In order to rise to the level of second degree assault, a defendant must act with the intent to assault and recklessly inflict substantial bodily harm.
What is Assault in the Third Degree?
Assault in the third degree applies, in general, to situations where a defendant assaults a public officer, including:
- A law enforcement officer;
- A bus driver;
- A nurse;
- A judicial employee; or
- A firefighter.
In order to be categorized as assault in the third degree, the assault must occur when the public officer is fulfilling their job duties, such as driving the school bus or keeping the peace.
What is the Charge for Fourth Degree Assault?
In Washington State, fourth degree assault is charged as a gross misdemeanor. There is not a specific definition for a gross misdemeanor, as it varies by jurisdiction. However, it often involves reckless behavior on the behalf of a defendant, which means they should have known they would cause harm.
What are the Elements Required to Prove an Assault?
As previously noted, the elements required to prove an assault may vary by jurisdiction. However, a prosecutor is generally required to prove beyond a reasonable doubt the following elements:
- The defendant intended to cause another individual to anticipate or to become aware of the possibility of imminent harm;
- The victim reasonably believed that the defendant’s conduct would be harmful or offensive to them;
- The victim believed that the harm was imminent and not simply a future threat; and
- The defendant displayed behavior which implied they were about to physically harm or do something else offensive to the victim.
In some cases, it may be difficult to prove whether the defendant actually intended to commit the assault. Intent is an element that courts and juries often spend a substantial amount of time debating when they are deciding on a final verdict.
It is important, therefore, to have substantial evidence to support an assault charge. Examples of types of strong evidence which can be used to prove an assault charge includes:
- Police reports;
- Eyewitness testimony;
- Medical records, if applicable; and
- Various other evidence which may be relevant to the assault incident.
What is the Punishment for Assault in the Fourth Degree in Washington State?
If a defendant is convicted of assault in the fourth degree in Washington State, an individual may face:
- Up to 364 days in jail; and/or
- A fine of up to $5,000.
Are there any Legal Defenses to Assault Charges?
Yes, there are legal defenses to assault charges which an individual may be able to raise. The availability of defenses will depend on the specific facts of the case as well as the laws of the jurisdiction. Potential defenses may include:
- Involuntary intoxication, which occurs when the defendant is involuntarily intoxicated when the assault occurred;
- Lack of proof or evidence, which occurs when a prosecutor fails to satisfy the burden of proof, does not prove each element of the crime, or does not have enough evidence to support the assault charges;
- Consent, which applies when the victim provided valid and voluntary consent to commit the assault;
- Duress or coercion, which occurs when the defendant is forced to commit the assault due to fear of bodily harm or another type of threat; and
- Self-defense or in defense of others, which applies when a defendant commits an assault to protect themselves against the other party’s initial threat of harm. A defendant may also use this defense if they were defending a third party from an initial aggressor.
In some cases, a defense may be used to reduce the assault charges from a felony to a misdemeanor.
Do I Need a Lawyer for Help with My Assault in the Fourth Degree Charge?
It is important to have the assistance of a Washington criminal lawyer if you are facing assault in the fourth degree charges. Your lawyer can review your situation, determine if any defenses are available to you, and represent you during any court proceedings.
Having a criminal record of any type can interfere with your future and your family’s future as it may prevent you from obtaining future employment, schooling opportunities, and obtaining items which require a criminal background check. Having an attorney will give you the best chance at defeating the charges and having a clean criminal record.
