Third Degree Assault in Washington State

In Washington State, Assault in the Third Degree is defined under RCW 9A.36.031. This is a less severe charge compared to first and second-degree assault but still constitutes a felony.

Third-degree assault occurs when someone commits any of the following acts:

1. With criminal negligence, causes bodily harm to another person by means of a weapon or another instrument or thing likely to produce bodily harm.
2. Assaults a person with the 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, herself, or another person, knowing that such person is a court officer or law enforcement officer.
3. Assaults a transit operator or driver, the immediate supervisor of a transit operator or driver, a mechanic, or a security officer employed by a transit authority, or a fare inspector, knowing or having reason to know that the person is such an employee or contractor.
4. Assaults a school bus driver, the immediate supervisor of the 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, knowing or having reason to know that the person is engaged in the performance of their official duties.
5. 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 their official duties at the time of the assault, knowing or having reason to know that the person is an employee of such agency.
6. Assaults a health care provider at a hospital or other health care facility, knowing or having reason to know that the person is a health care provider who is engaged in the performance of their official duties.
7. With criminal negligence, causes bodily harm accompanied by substantial pain that extends for a period sufficient to cause considerable suffering.

Assault in the Third Degree is generally classified as a Class C felony in Washington State. Penalties for a Class C felony can include imprisonment for up to 5 years, a fine of $10,000, or both, depending on the circumstances and the defendant’s criminal history.

What Is the Criminal Punishment for Assault in the Third Degree in Washington State?

In Washington State, Assault in the Third Degree is typically classified as a Class C felony. The criminal punishment for a Class C felony can vary depending on the specific circumstances of the case and the defendant’s prior criminal history.

However, the general penalties for a Class C felony can include:

1. Imprisonment: A prison sentence of up to 5 years can be imposed. The actual length of the sentence depends on the Sentencing Reform Act guidelines, which take into account the seriousness of the offense and the offender’s criminal history.
2. Fines: A fine of up to $10,000 may be imposed, either in addition to or in lieu of imprisonment.
3. Probation: In some cases, a judge may decide to impose a probationary period instead of or in addition to imprisonment. The probation period typically involves supervision by a probation officer and may include various conditions, such as attending counseling, performing community service, or avoiding contact with the victim.
4. Restitution: The court may order the defendant to pay restitution to the victim, which is intended to compensate the victim for any damages or losses incurred as a result of the assault.
5. No-contact order: In certain cases, the court may impose a no-contact order, which prohibits the defendant from having any contact with the victim, either directly or indirectly.

These are general guidelines for the punishment of Assault in the Third Degree in Washington State. The actual penalties imposed in a specific case may vary depending on the facts, the judge’s discretion, and the defendant’s criminal history. For legal advice on your particular situation, it is best to consult with an attorney in your jurisdiction.

What Are the Defenses to Third Degree Assault in Washington?

There are several defenses to third-degree assault that a defendant may use in court. Some of the most common defenses include:

1. Self-defense: If the defendant was acting in self-defense, they might be able to argue that their actions were justified. In order for this defense to be successful, the defendant must show that they believed they were in imminent danger of harm and that the force they used was reasonable under the circumstances.
2. Defense of others: Similar to self-defense, a defendant may argue that they were defending another person from harm. Again, the defendant must show that they reasonably believed the other person was in imminent danger of harm and that the force they used was reasonable under the circumstances.
3. Consent: If the alleged victim consented to the physical contact, the defendant might argue that they did not commit a crime. However, consent is not a defense if the physical contact goes beyond what was agreed upon or if the alleged victim is unable to give valid consent.
4. Accident: If the defendant did not intend to cause harm and the alleged victim’s injuries were the result of an accident, they may be able to argue that they did not commit a crime. However, successfully using this defense can be difficult if the defendant’s actions are reckless or careless.
5. Lack of intent: If the defendant did not intend to cause harm to the alleged victim, they might be able to argue that they did not commit third-degree assault. For example, if the alleged victim was accidentally hit while the defendant was swinging their arms around, the defendant may be able to argue that they did not intend to cause harm.
6. Alibi: If the defendant can prove that they were not at the location where the assault allegedly occurred, they may be able to argue that they did not commit the crime. This defense requires the defendant to provide evidence, such as eyewitness testimony or surveillance footage, that they were somewhere else at the time of the assault.
7. Mental incapacity: If the defendant was suffering from a mental illness or defect at the time of the assault, they might be able to argue that they lacked the mental capacity to form the intent necessary to commit the crime. However, this defense can be difficult to use successfully and may require the testimony of mental health experts.

Each case is unique, and the success of a defense will depend on the specific facts and circumstances of the case. If you are facing charges of third-degree assault in Washington, it is recommended that you consult with an experienced criminal defense attorney.

Should I Contact a Lawyer about My Third Degree Assault Charge?

If you are facing a Third Degree Assault charge in Washington State, it is highly recommended that you contact a qualified criminal defense attorney to represent you. Navigating the legal system can be complicated, and a skilled lawyer can help protect your rights, evaluate the strength of the case against you, and advise you on the best course of action.

An experienced attorney can negotiate with the prosecutor for a reduced charge, advocate for alternative sentencing options, or work to dismiss the charges altogether. Additionally, they can help you understand the potential penalties and long-term consequences of a conviction.

LegalMatch is a platform that can help you find a qualified Washington criminal lawyer. By submitting your case through LegalMatch, you can receive free case evaluations from local lawyers who have experience handling Third Degree Assault charges. This will help you make an informed decision about which attorney is the best fit for your specific situation. To get started, visit LegalMatch and submit your case.