Understanding Assault Charges in Washington

In Washington State, assault is considered an intent crime, meaning it’s committed deliberately—not accidentally. Assault involves knowingly causing bodily harm or offensive contact to another person. How severe the harm was plays a key role in determining the level of the charge, but it’s not the only factor.

Other elements that affect the charge include:

• Use of a weapon, firearm, virus, or poison
• Injuries caused by choking or strangulation
• Assaults motivated by sexual intent
• The identity of the alleged victim (e.g., family member, police officer, nurse, or transit worker)

These factors can escalate an assault charge from a misdemeanor to a felony.

What Is Assault in the Fourth Degree?

Assault in the fourth degree—also known as 4th degree assault or Assault 4th Degree WA—is the lowest level of assault charge in the state. Unlike more serious forms of assault, it is classified as a gross misdemeanor, not a felony.

You can be charged with 4th degree assault even if the alleged injury is minimal or nonexistent. Any unwanted or offensive physical contact may qualify—such as:

• Pushing someone during an argument
• Slapping or shoving someone
• Throwing an object that makes contact

It’s one of the most frequently charged offenses in Washington, partly because the legal threshold for proving bodily harm or offensive contact is relatively low.

What Is the Punishment for 4th Degree Assault in Washington State?

Although it’s a gross misdemeanor, assault in the fourth degree still carries serious legal consequences, including:

• Up to 364 days in county jail
• A maximum fine of $5,000
• A potential criminal record that affects future employment, housing, and more

Additionally, if a domestic violence component is attached to the charge, the case becomes even more complex.

When Can a 4th Degree Assault Be Charged as a Felony?

In some situations, a fourth-degree assault charge may be elevated to a felony, particularly in domestic violence cases. This typically occurs when the accused has prior convictions for domestic violence-related offenses.

When domestic violence is involved, and the defendant has a history of repeat offenses, the Washington legislature allows the court to elevate the charge—potentially upgrading it to third-degree assault, a Class C felony. This approach is meant to crack down on repeat domestic violence offenders, especially in close relationships involving:

• Spouses
• Romantic partners
• Parents of shared children

So, even a seemingly minor incident could result in felony charges if the underlying circumstances warrant it.

Let Us Advise You

If you or someone you know has been charged with assault in the fourth degree—especially in a domestic violence context—don’t take the charge lightly.

Call us today at 253-383-3328 to speak with an experienced Tacoma assault defense attorney about your options and next steps. Early legal guidance can make all the difference in your case.