University Place Assault

Although it may seem surprising, you can be charged with an assault offense under Washington state law for any behavior that places another person in reasonable fear of harm. All of these offenses are treated very seriously by prosecutors throughout the state.

Whether you find yourself involved in an assault investigation, arrested for assault, or expect to be arrested, you need the counsel of an experienced University Place criminal defense lawyer as soon as possible. You probably have many questions, such as

• Is there a difference between assault and battery?
• Is domestic violence considered an assault charge in Pierce County?
• Will I go to jail if I’m convicted of assault?
• Are there different levels of assault charges in University Place?

You need a defense attorney who knows the laws concerning assault, who knows the criminal court system and how to protect your rights in it, and who is willing to answer any questions you may have about your case or criminal court.

The Washington state government is a formidable opponent, and they tend to try and hand down the most severe punishments for assault offenders. You don’t have to fight these charges alone. We will be with you throughout the ordeal – from arrest and arraignment to preliminary hearings through trial.

After you have been charged with assault, you will need the thorough representation that only an experienced Pierce County criminal defense attorney can provide. Without representation from a qualified University Place assault lawyer, you have little chance of victory in a court of law.

This website is designed to impart some general knowledge about assault charges in Washington state. Listed below are some of the frequently asked questions about assault charges that our Pierce County criminal defense attorneys have answered for many prospective clients.

In Washington state, assault involves a crime of violence against another person. The crime is committed by a person who either:

• Intends to cause fear in another person of immediate bodily harm or death, or
• Intentionally inflicts or attempts to inflict bodily harm upon another

It’s important to note that an individual does not need to make physical contact with the victim in order to be charged with assault. Verbal threats or an attempt to physically harm someone can also be considered assault in the State of Washington.

Traditionally, a battery is typically described as offensive or harmful touching; and an assault occurs when someone tries to commit a battery using threats. As you can see above, Washington state does not make a distinction between assault and battery. Actual physical violence and the threat of violence all fall under the charge of assault in Pierce County.

1. Assault in the 1st degree is a class A felony and is commonly referred to as “assault with a deadly weapon.” Washington State Statute RCW 9A.36.011 defines 1st-degree assault as “(1) A person is guilty of assault in the first degree if he or she, with intent to inflict great bodily harm:
   (a) Assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or death; or
   (b) Transmits HIV to a child or vulnerable adult; or
   (c) Administers, exposes, or transmits to or causes to be taken by another, poison or any other destructive or noxious substance; or
   (d) Assaults another and inflicts great bodily harm.
2. Assault in the 2nd degree is distinguishable from assault in the first degree primarily in the amount of harm caused, and the type of harm intended to be caused. The most common cause of an assault in the 2nd-degree charge is if there is evidence of strangulation.
3. Assault in the 3rd degree is charged when the accused
   • Commits assault in avoidance of being taken into custody.
   • Assaults a driver of public transportation or a school bus
   • Assaults a firefighter or police officer
   • Assaults a nurse, doctor, or other healthcare provider.
   • Assaults a volunteer, staff member, or educational personnel
4. Assault in the 4th degree is charged when an assault occurs that does not meet the requirements of an assault 1,2, or 3.

Assault in the first degree is a Class A felony. Punishments for assault 1 include 93-123 months incarceration and fines up to $50,000 for a first offense, with the possibility of life in prison for a second offense.

Assault in the second degree is a Class B felony. Punishable by up to 10 years in prison, a fine of up to $20,000, or both, assault 2 may also be bumped up to a Class A felony if the assault that allegedly occurred was sexually motivated.

Assault in the third degree is a Class C felony. Punishable by a sentence of up to 5 years in prison, a fine of up to $10,000, or both, assault 3 is only charged when the alleged assault was not serious enough to be considered Assault 1 or 2.

All felony trials take place at the Pierce County Superior Court, located approximately 6 miles away from University Place, in Tacoma.

Assault in the 4th degree is considered a gross misdemeanor and would be adjudicated in the Pierce County District Court, also located in Tacoma. A gross misdemeanor is punishable by up to 364 days in jail and a fine of up to $5,000.

As of March 18, 2020, Assault in the 4th degree will also be considered an act of domestic violence when the alleged victim is a family or household member or an intimate partner who has been subjected to domestic violence. A DV specification on an Assault 4 charge is likely to come with bigger penalties.

If we haven’t managed to answer your questions here, please contact our Pierce County criminal defense attorneys for more information. Our team of legal professionals is happy to answer any general assault questions as well as any questions you have about your specific case. If you need a knowledgeable assault defense lawyer who gets results, contact us today for a free initial case consultation.

The repercussions of an assault conviction far outlive a prison sentence and can have devastating consequences for both your personal and professional life.

You should seek the advice and representation of a Pierce County assault lawyer promptly if you’ve been arrested or charged with assault. The earlier you engage legal counsel, the easier it is for him or her to gather the necessary evidence to defend your case. If you or someone you love has been accused of assault, it is important to speak with an experienced University Place criminal defense lawyer.

Every defendant facing criminal assault charges deserves and has a Constitutional right to a robust legal defense that seeks the best available outcome for the individual charged. Our University Place criminal assault attorneys will fight to protect your rights and resolve the case brought against you in a manner that is as beneficial to you as possible. The sooner we can get involved in your case, the better chance we have to fight and rebut the charges against you. Contact our team today for a no-cost case evaluation.