How Is the Degree of Your Assault Charge Determined in Washington?
Washington State statutes define three degrees of aggravated assault and one degree of simple assault, also known as Assault in the Fourth Degree. These classifications are based on the severity of the injuries, the intent to cause harm, whether a weapon was used, and the identity of the alleged victim.
Generally, an assault is considered aggravated when it results in substantial injuries, involves a deadly weapon, occurs during another serious crime, or is committed against a protected professional such as a law enforcement officer, nurse, or transit worker.
Whether you’re facing a misdemeanor or felony charge, any form of assault is serious and can carry life-altering consequences. Even minor incidents can escalate into aggravated assault charges. That’s why it’s critical to work with a skilled Tacoma assault defense lawyer who will protect your rights from day one.
What Qualifies as Simple Assault?
Simple assault in Washington, or Assault in the Fourth Degree, is classified as a gross misdemeanor. This charge applies when an act of assault doesn’t meet the legal threshold for aggravated assault.
Notably, you can be charged with simple assault even if the alleged victim didn’t suffer visible injuries. The prosecution only needs to prove that you intentionally made physical contact that a reasonable person would find offensive or threatening. Examples might include:
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Shoving someone during an argument
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Slapping someone without causing injury
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Throwing an object in someone’s direction
These cases often rely solely on the accuser’s account, with no witnesses or physical evidence. If the alleged victim is an intimate partner and you have prior domestic violence convictions, even a simple assault can be elevated to a felony.
What Is Aggravated Assault?
Aggravated assault involves more serious circumstances—such as significant bodily harm, weapons, or specific protected victims. Aggravated assault charges are felonies and are broken into three degrees in Washington State.
First-Degree Assault (Class A Felony)
The most severe charge, first-degree assault includes:
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Assault with a firearm or deadly weapon
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Intent to cause great bodily harm
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Administering poison
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Transmitting HIV intentionally
“Great bodily harm” generally refers to severe, long-lasting, or permanent injury.
Second-Degree Assault (Class B Felony or A if sexually motivated)
This charge applies when serious harm was inflicted but not to the extent of first-degree assault. It includes:
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Assault causing substantial bodily harm
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Strangulation or suffocation
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Assault during the commission of a felony
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Assault with a deadly weapon
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Causing injury to an unborn child through an assault on the mother
If the act was committed with sexual intent, the charge may be elevated to a Class A felony.
Third-Degree Assault (Class C Felony)
Third-degree assault typically involves:
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Painful but less severe injuries
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Use of an object that could be considered a weapon
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Assaults against protected professionals, such as:
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Police officers
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Firefighters
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Nurses and doctors
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Public transit workers
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Teachers and court employees
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Penalties for Simple and Aggravated Assault in Washington
Here’s how Washington state classifies the penalties based on the degree of assault:
Charge | Classification | Penalties |
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First-Degree Assault | Class A Felony | Up to life in prison and/or $50,000 fine |
Second-Degree Assault | Class B (or A if sexual) Felony | Up to 10 years in prison and/or $20,000 fine |
Third-Degree Assault | Class C Felony | Up to 5 years in prison and/or $10,000 fine |
Fourth-Degree Assault | Gross Misdemeanor | Up to 1 year in jail and/or $5,000 fine |
In addition to jail time and fines, the court may impose:
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Mandatory counseling or anger management
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Probation or parole
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Community service
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Loss of gun rights
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Barriers to housing, employment, and education opportunities
Why the Difference Between Simple and Aggravated Assault Matters
Understanding the difference between assault and aggravated assault isn’t just legal jargon—it determines the type of defense strategy you’ll need and how severe the consequences may be. Prosecutors often try to upgrade simple assault cases to more serious charges. Your best chance at protecting your record and freedom is hiring a defense lawyer early in the process.
How Our Law Firm Can Help
The consequences of a conviction—whether for simple assault or aggravated assault—can be life-changing. At South Sound Law Group, our experienced criminal defense team will carefully assess your case and build a strategy aimed at reducing or dismissing the charges.