For an assault conviction, the prosecutor must prove that your intent was to cause harm. For example, hitting a person may be perceived as harmful, and a person could be arrested for 4th degree assault if the police officer believes the contact was intentional. However, if the contact was accidental and you did not recklessly put the person in danger, your assault lawyer may make a strong case for accidental contact. (a) intentionally assaults another person and thereby negligently causes significant bodily harm; or (d) attacks on a volunteer who, at the time of the attack, was assisting a person described in subparagraph (c) of this paragraph. All allegations of bodily harm are very serious. You should not talk to the police or make statements without the presence of an experienced defense lawyer. Unrepresented defendants are often required to make statements that are taken out of context and later used against them. 3. In particular, Washington State criminalizes minor attacks against certain public employees and categories of government actors under the crime of third-degree aggression. A person may be charged with third-degree assault if they attack any of the following persons in the performance of their official duties: A person also commits third-degree assault if he or she is acting as a law enforcement officer, peace commissioner, nurse, doctor, bailiff, clerk, firefighters, transportation companies, school bus drivers, among other persons working in a professional capacity or in a professional environment. act. Assault charges in Washington state can range from extremely serious crimes – first and second degree assaults are “strike” offenses that can carry months or years in jail.
4.Finally, there is fourth-degree bodily harm, which is essentially any attack that does not reach the level of a first, second or third degree assault or attack in custody. Fourth-degree assault is a serious offence punishable by up to 90 days in jail and a fine of up to $1,000. Unfortunately, prosecutors in the Tacoma, Seattle, Bellevue, Kent, Puyallup and Olympia areas often go wrong when it comes to charging defendants with more aggravated assaults. Without an experienced assault lawyer in your corner, you may find yourself accepting an adverse plea or conviction. Washington`s laws that define aggression cover many things and even include battery-type offenses. If you are being prosecuted, you really need to understand the charges against you so that you can defend yourself properly. Act now to get help that only an experienced defense attorney can provide. The Washington State Penal Code does not define the term “assault.” Instead, the courts have defined the term at common law. Washington courts classify three types of activities as “bodily harm”: Note that prosecutors will only charge third-degree assault if the assault was not severe enough to reach the level of first- or second-degree assault. If the attack meets the requirements of higher charges of first or second degree assault, prosecutors will usually pursue those more serious charges. (e) attacks a firefighter or other employee of a fire department, district fire marshal`s office, district fire protection office or fire protection district who was performing official duties at the time of the attack; or But even something as small as a few stitches or a broken tooth can meet the very serious definition of Assault 2.
If there is an accusation of suffocation or use of a deadly weapon, there does not have to be a wound or even a red spot on the skin. Chapter 9A.36 of the revised Washington Act lists the different types of assaults that have been criminalized in the state, including four degrees of “assault,” three degrees of “assault on a child,” and “assault while deprived of liberty.” Each of these variations of assault charges is discussed below. However, if a person commits a second-degree attack with sexual motivation, they have committed a Class A felony. It is a defence to a charge of bodily harm that the force [used] [attempted] [offered] was lawful as defined in this order.
