In the context of criminal law, assault refers to the criminal act of intentionally placing another individual in reasonable apprehension of imminent bodily harm or an offensive contact. The definition of what constitutes assault may vary by jurisdiction.
The standard elements of assault typically include:
- The defendant intended to create a state of apprehension or awareness in the victim;
- The prosecution must prove that the victim reasonably believed that they would be harmed or offended by the defendant’s conduct;
- In other words, the victim must be aware of or be able to appreciate or apprehend the defendant’s potential to harm or offend them;
- The victim’s belief of impending injury must be both reasonable and create a sense of immediate, physical danger;
- This belief cannot be based on a future act; and
- It must be more than a verbal threat. There are, however, certain exceptions; and
- The defendant must exhibit a present intention to harm or offend the victim through a physical act.
Examples of assault may include, but are not limited to:
- Attempting to spit on the victim;
- Miming the act of kicking, punching, or hitting the victim;
- Brandishing a non-deadly or deadly weapon in a manner that suggests the victim will be hit with that object; and
- Pointing a firearm at the victim, regardless of whether or not it is loaded.
In addition, some states have enacted statutes that define assault as criminal attempted battery. It is important to note that assault and battery should not be confused with one another because many jurisdictions treat them as separate offenses.
Is it Necessary to Strike Someone in Order to be Found Guilty of Assault?
An individual does not necessarily need to strike another individual in order to be found guilty of assault. The legal definition of assault and the elements of proof for assault do not include any type of physical contact.
It is only required that the victim have a reasonable belief that a harmful or offensive contact will be inflicted upon them. There are, however, certain acts that may provide stronger proof that an assault occurred.
For example, if the perpetrator is being aggressive and doing things such as screaming, spitting, or threatening to hit the other person with an object that they are holding, for example, a bat, a beer bottle, or their fist. In contrast, if any individual gets in their friend’s face and pretends to slap them while both parties are laughing about the joke, it will not be considered assault.
What is Assault in Washington State?
In the State of Washington, assault in the first degree is defined as an attempt to harm an individual in a manner that will cause great bodily harm or death. This attempt must be done intentionally and, generally, with some type of deadly weapon.
Since first degree assault is charged as a class A felony, if a defendant is convicted, they may face life in prison. Washington State also has lesser assault charges, second degree and third degree assault.
What is Assault in the Second Degree?
Second degree assault may include numerous different types of bodily harm to a victim, for example:
- Causing bodily harm to an unborn child by injuring the expectant mother;
- Recklessly inflicting bodily injury on a victim;
- Using a deadly weapon to injury someone;
- Strangling a victim;
- Knowingly inflicting agony or pain on a victim by torturing them; or
- Giving a victim poison with the intent to cause bodily injury to the victim.
What does Bodily Injury or Bodily Harm Mean?
Bodily injury or bodily harm are used to describe the severity of the harm inflicted upon a victim. This type of harm seriously impairs a victim’s health or comfort.
Examples of permanent or severe injuries include, but are not limited to:
- Paralysis;
- Serious disfigurement;
- Serious burns or cuts;
- Injuries to the neck and spine; and
- Serious scarring.
What is a Deadly Weapon?
A deadly weapon is any object that is designed to inflict harm. It also includes any object that may be used to assault an individual.
Is Assault in the Second Degree a Felony?
Yes, second degree assault in the State of Washington is charged as a class B felony. If a defendant is convicted they may face up to 10 years in prison as well as criminal fines of up to $20,000.
Are There Any Legal Defenses to Assault Charges?
There are several different legal defenses that a defendant facing an assault charge may be able to raise. It is important to note, however, that whether the defense will be available for that particular defendant will be based on the facts of their specific case as well as the laws of the jurisdiction that is hearing the case.
Examples of potential defenses that a defendant who is charged with assault may be able to raise include:
- Involuntary intoxication: If a defendant was involuntarily intoxicated, for example, someone slipped a drug in their drink, when the assault occurred, then they may be able to argue that their actions were not intentional or that they were unaware of the events that led to the assault because they were involuntarily intoxicated;
- Lack of proof or evidence: The lack of proof or evidence defense may be asserted if the prosecution:
- 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: If the victim provided valid and voluntary consent to the defendant to commit the assault against them, then the defendant can raise consent as a complete defense against the charges;
- Duress or coercion: The defendant may assert that they were under duress or that they were coerced into committing the assault. Although the defendant will be required to admit that the assault did, in fact, occur if they use either of these two defenses, this defense may still provide protection if the defendant can prove a third party forced them to choose between committing the assault or suffering serious physical harm themselves;
- For example, if an individual held them at gunpoint and told them to assault the victim or else risk being shot; and
- Self-defense or in defense of others: Similar to duress or coercion, a defendant will still be required to admit that they committed the assault. However, with this defense, the defendant can argue that they only committed the assault to protect themselves against the other party’s initial threats of harm. A defendant may also use this defense if they were defending a third party from an initial aggressor.
Additionally, certain defenses may be used to reduce a defendant’s assault charges from felony charges to misdemeanor charges. To learn more about these types of legal defenses, it is strongly recommended that an individual who is facing assault charges contact a local criminal lawyer immediately.
Can a Lawyer Help Me with My Second Degree Assault Charge?
If you have been charged with second degree in Washington State, it is important to contact a Washington criminal lawyer as soon as possible. A conviction of criminal assault may lead to serious legal consequences.
This applies even in cases where an individual intended their actions to be practical jokes or pranks. Your lawyer will be able to assist you with navigating the criminal justice system, inform you of your legal rights as a criminal defendant, and provide you with representation in court.
Your lawyer may also be able to negotiate for a more favorable plea bargain deal if the prosecutor offers such an arrangement. In addition, your attorney can perform legal research to find out whether there are any defenses you can raise to reduce the charges, or in the alternative, may be able to advocate for dropping the case against you in its entirety.
