Assault is an attempted battery. Assault occurs when a perpetrator causes a victim to fear an imminent battery.
In the State of Washington, there are four degrees of assault, including second degree assault, third degree assault, and fourth degree assault. These are categorized based on the severity of the criminal act.
In Washington State, first degree assault is defined as an attempted battery with a deadly weapon, for example a firearm, in a manner that will likely cause great bodily harm or death.
The assault must be perpetrated with the intent to cause harm to the victim.
What Is First Degree Assault?
First degree assault is a serious criminal charge that is typically used when an individual intentionally causes serious bodily harm to another individual. In certain jurisdictions, such as Washington, it may also include assaults involving the use of deadly weapons.
The specific definition of this offense may vary depending on the jurisdiction. However, it usually includes acts such as intentionally causing another individual to suffer a serious physical injury, for example, a broken bone, organ damage, or disfigurement.
First degree assault may also include situations in which a victim was intentionally exposed to an activity or a substance that may have resulted in serious physical harm or death. In comparison to the other categories of assault, first-degree assault is the most serious charge.
In certain jurisdictions, this offense may be categorized as a violent felony, with a conviction resulting in a long prison sentence. The other degrees of assault, for example, second or third-degree assault, usually involve less severe injuries or intent to cause harm and, therefore, may be punished less severely.
What Are Some Examples of First Degree Assault?
The examples of what can be classified as first degree assault will vary depending on the jurisdiction. However, common scenarios that may lead to first-degree assault charges include:
- Shooting another individual with a gun or stabbing another individual with a knife intentionally to cause serious bodily injury or death;
- Beating another individual with a blunt object, for example, a baseball bat or a crowbar, with the intent to cause them serious physical harm;
- Poisoning another individual or exposing them to a dangerous chemical or substance with the intent to cause serious bodily harm or death;
- Setting another individual on fire or throwing acid on another individual with the intent to cause serious bodily injury or disfigurement;
- Strangling someone with the intent to cause unconsciousness or death; and
- Using a vehicle as a weapon to hit another individual with the intent to cause serious bodily injury or death.
What Is Considered to Be a Deadly Weapon in an Assault Case?
The definition of a deadly weapon in an assault case includes any instrument that is designed to seriously injure or kill an individual. A weapon can be considered deadly based on their basic design, such as:
- Guns;
- Knives; and
- Some martial arts weapons.
Deadly weapons may also be instruments that are used for everyday tasks, for example:
- Hammers;
- Wrenches;
- Pipes;
- Certain articles of clothing; or
- Sticks.
What Is Serious Bodily Injury?
Serious bodily injury, also called serious bodily harm, is a type of injury that interferes with and impacts an individual’s health or comfort. Examples of serious bodily injuries include:
- Loss of limb(s);
- Paralysis;
- Serious disfigurement; and
- Injuries to the:
How Is First Degree Assault Liability Determined?
In order to prove a first-degree assault charge, the prosecution must typically show that the defendant acted intentionally and with premeditation, which caused serious bodily harm to another individual.
The general elements that are typically required to prove first-degree assault include:
- Intent: The prosecution must show that the defendant intended to cause serious harm to the victim. This can be shown through the defendant’s:
- actions;
- statements; or
- other evidence that suggests they had a specific plan to harm the victim;
- Serious bodily harm: The prosecution has to show that the victim suffered serious physical harm as a result of the actions of the defendant;
- Premeditation: In certain jurisdictions, the prosecution may need to show that the defendant planned the assault;
- This can be demonstrated through evidence including:
- text messages;
- emails; or
- other communications that suggest the defendant had a specific plan to harm the victim; and
- Use of a deadly weapon: In certain jurisdictions, the use of a deadly weapon during an assault can automatically elevate the charge to first-degree assault.
The burden of proof in criminal cases always rests with the prosecution. This means the prosecution has to prove the elements of first-degree assault beyond a reasonable doubt.
What Is the Punishment for First Degree Assault?
In Washington State, first-degree assault is categorized as a class A felony. A defendant who is convicted of this felony may face up to life in prison, a criminal fine of up to $50,000, or a combination of both.
Will I Get Life in Prison for Assault?
Ultimately, the severity of the punishment depends on the seriousness of the felony. A class A felony means the defendant will face the most severe level of punishment for a crime. It is possible to face a less severe punishment, but it will depend on the surrounding and any mitigating circumstances of the case.
Are There Any Legal Defenses Available for First Degree Assault Charges?
Yes, there are some legal defenses that may be available for a first-degree assault charge. The specific defenses that are available, however, will depend on the facts and circumstances of the case.
Possible defenses include, but are not limited to:
- Self-defense: If the defendant believed that they were in imminent danger of serious bodily harm and used reasonable force to defend themselves, they may be able to argue self-defense;
- Defense of others: If the defendant believed that another individual was in imminent danger of serious bodily harm and used force that was reasonable under the circumstances to defend that other individual, the defendant may be able to argue defense of others;
- Lack of intent: If the prosecution is not able to show that the defendant intended to cause serious harm to the victim, they may not be able to prove all of the elements required to convict the defendant of first-degree assault;
- Insanity: If the defendant suffered from a mental illness at the time of the assault and did not appreciate the wrongfulness of their actions or understand the nature of their actions, they may be able to argue insanity; and
- Mistaken identity: If the defendant was mistakenly identified as the perpetrator of the assault, they may be able to argue mistaken identity.
It is important to remember that the prosecution has to prove every element of the criminal charge. Therefore, if they fail to prove an element beyond a reasonable doubt, that may also serve as a defense.
Should I Hire a Lawyer to Help Me with My Charge?
If you have been charged with first-degree assault in Washington State, it is essential to consult with a Washington assault lawyer. Your attorney will review the facts of your case, evaluate the evidence that may be used against you, and develop a defense strategy based on your unique case.
If the facts support it, your attorney may also be able to request a reduction in your charges or even a dismissal. Your attorney will also be able to negotiate with the prosecution for a possible plea deal.
