Assault Without Contact? It’s Possible in Washington

When people hear the word "assault," they usually picture a violent physical altercation. In Washington State, however, assault is a broad charge that doesn’t always involve a punch or even a visible injury. A person can face assault charges without ever laying a hand on another person. Even then, the severity of the assault charge often depends on the prosecutor’s interpretation of the facts—and that’s where things get complicated.

Assault Charges in Washington: How Prosecutors Build Their Case

What is Assault in Washington? It’s More Than a Fight

Under Washington law, assault is generally defined as any intentional act that puts another person in fear of harm, even if no actual injury occurs. This can range from a shove during an argument to a raised fist that never makes contact but causes someone to feel threatened. Note that last bit: ‘causes someone to feel threatened,’ Despite everything the Internet and social media have to say about the subject of ‘assault,’ this is what it boils down to.

Depending on the circumstances, assault can be charged as a misdemeanor or a felony, with penalties ranging from fines to years in prison.

Washington classifies assault into four degrees:

  • First-Degree Assault (Felony): The most serious form involving great bodily harm or the use of a deadly weapon.
  • Second-Degree Assault (Felony): Often charged when significant injuries occur or when a weapon is displayed, even if it wasn’t used.
  • Third-Degree Assault (Felony): This applies when an assault is committed against certain protected individuals like police officers or medical personnel or when criminal negligence causes substantial and lasting pain.
  • Fourth-Degree Assault (Misdemeanor): The broadest category, covering any unwanted physical contact or perceived threat of harm.

How Prosecutors Shape Assault Charges

Prosecutors wield significant power when determining what degree of assault to charge. Many times, the degree is largely within their discretion. Their decision is influenced by several factors, including:

  • The Alleged Victim’s Injuries (or Lack Thereof): Even if no injury occurred, a prosecutor may decide to push for a more serious charge based on the perception of intent that they glean from the police report.
  • Use of a Weapon (Even if it Wasn’t Used): Displaying a weapon—even without using it in any way—can escalate an assault charge to a felony.
  • The Defendant’s Criminal History: A person with prior convictions may face harsher charges, even if the [perceived] actual incident is relatively minor.
  • Law Enforcement’s Narrative: The police report often carries a lot of weight, and if an officer claims the defendant was aggressive, the prosecutor may be inclined to file more serious charges.
  • Political or Social Pressures: High-profile cases or public sentiment about certain types of crime can push prosecutors to pursue harsher charges.

The Subjectivity of Assault Charges

Assault charges are seldom cut and dry. What one officer or prosecutor sees as a harmless argument, another may view as a dangerous confrontation. Two identical situations can result in vastly different charges depending on who is handling the case. This is why having an experienced criminal defense attorney is critical—your lawyer’s ability to challenge the prosecution’s interpretation can mean the difference between a dismissed charge and a felony conviction – and everything in between.

Defending Against Assault Charges

At Knauss Law, we understand how Washington’s assault laws are applied—and misapplied. Key defense strategies include:

  • Challenging the Alleged Threat or Injury: If no actual harm occurred and the prosecution is relying on perception alone, we can argue that the charge is exaggerated.
  • Highlighting Self-Defense: If you acted to protect yourself or someone else, we will make sure that the facts are front and center in your defense.
  • Exposing Inconsistencies in the Prosecution’s Case: Witness statements, video evidence, and law enforcement reports often contain contradictions that we can use to your advantage.
  • Negotiating for a Lesser Charge or Dismissal: Sometimes, a strong legal strategy can convince the prosecutor to reduce or drop charges entirely.

Don’t Let a Prosecutor’s Interpretation Define Your Future

Assault charges can have life-altering consequences, and the line between a misdemeanor and a felony is often decided by a prosecutor’s discretion. If you or a loved one has been accused of assault, don’t leave your fate in the hands of a system that thrives on subjective decision-making. Contact Knauss Law Firm today to start building your defense and ensure your story is heard.