Navigating Assault Charges: Key Information to Protect Your Rights

In Washington State, assault is broadly defined as any unwanted physical contact that a "reasonable" person would find harmful or offensive. This means you don’t need to cause an injury—or even leave a mark—to face serious criminal charges. And make no mistake about it, assault charges are always considered serious by the prosecution, the court, family, friends, employers, and in the media.

Assault charges range from misdemeanors to felonies and come with the possibility of life-altering penalties. Without skilled legal representation, you could face jail time, hefty fines, probation, and other restrictions that can disrupt your life and future.

At Knauss Law, every attorney on our team is a former prosecutor who understands how the system works—and how to fight it. If you're facing assault charges, we’re here to help.

questioned by police

What Is Assault in Washington State?

Washington law outlines four degrees of assault, each carrying different penalties:

  • First Degree Assault involves causing "great bodily harm" or using a deadly weapon. A Class A felony is punishable by up to life in prison.
  • Second Degree Assault involves "substantial bodily harm," choking, or the use of a deadly weapon. A Class B felony conviction may bring a prison term of up to 10 years.
  • Third Degree Assault is defined as an assault that “causes bodily harm” to another person. Assault 3 can also include an attempted assault with the intent to cause bodily harm. It is important to note that Assault 3rd applies to any harm caused to individuals performing certain jobs, such as police officers or healthcare workers. A Class C felony carries up to 5 years in prison.
  • Fourth Degree Assault is the most common charge, often involving minor or non-visible harm. It’s a gross misdemeanor with a maximum jail sentence of 364 days.

Domestic violence (DV), weapons involvement, or accusations of sexual motivation can significantly enhance the penalties for any assault charge.

Common Defenses to Assault Charges

Every case is different, and the best defense depends on the specific facts. Here are the most common defenses we use at Knauss Law:

  • General Denial - We force the government to prove every element of their case.
  • Self-Defense - Washington law allows you to use reasonable force to protect yourself, others, or your property. For self-defense to apply:
    • You must have a reasonable fear of immediate harm.
    • The force you use must be proportional to the threat.
  • Accidental Contact - Assault charges often arise from misunderstandings. For example, bumping into someone in a crowded place could lead to accusations if the contact is perceived as intentional. We challenge the prosecution’s claim that you acted with intent, exposing flaws in their case.

The High Stakes of Domestic Violence Allegations

If the alleged assault involves a family member, partner, or someone you live with it may be classified as domestic violence (DV). This adds layers of complexity and can trigger:

  • No Contact Orders that force you to leave your home, potentially losing access to your children or belongings.
  • Firearm Restrictions that bar you from owning or possessing guns.
  • Mandatory batterer’s treatment programs or mental health counseling.

Our team at Knauss Law is experienced in navigating these heightened stakes, fighting to prevent unnecessary disruptions to your life.

The Reality of Assault Evidence

The strength of the prosecution’s case often depends on the type of evidence available:

  • Witnesses - When it’s just the alleged victim’s word against yours, it creates a "he said, he said" scenario. These cases can be weak but are often pursued aggressively by prosecutors particularly where some harm is evident.
  • Witness Statements - When third-party witnesses are involved, their accounts are often incomplete or biased. Unlike so many TV and movie courtroom scenes, eye-witness testimony is, in fact, notoriously unreliable. We thoroughly investigate and cross-examine these witnesses to uncover inaccuracies.
  • Police Reports - Law enforcement reports are not always dependable for many reasons, among them confirmation bias. At Knauss Law, we’ve read hundreds of police reports and know where to look while understanding that many times what’s not in the report is as important as what is. We scrutinize every detail, challenge every inconsistency, exposing procedural errors, and point out biases.
  • Overcharging - As you may be able to tell by reading the definitions and differences between assault charges, much of it is subjective and relies on interpretation. When it comes to assault, prosecutors have a long history of overcharging – they, in effect, assume the worst and run with it. That’s not hard to understand, when people get hurt or narrowly avoid serious injury, it’s not politic to show ‘softness’ when charging and prosecuting. It’s our job to recognize that when it occurs and take every measure we can to correct it.

Why You Need an Experienced Assault Defense Attorney

Assault charges are often built on incomplete or misleading narratives. Without skilled representation, you’re left vulnerable to one-sided evidence and overly aggressive prosecution tactics. Here’s how Knauss Law fights for you:

  1. Independent Investigations
    • We gather and analyze evidence that works in your favor.
    • Our team interviews witnesses and cross-checks their accounts.
    • We identify procedural errors or rights violations in police reports.
  2. Strategic Defense
    • From challenging the prosecution’s evidence to presenting mitigating factors, we build a case designed to reduce or dismiss the charges.
    • For domestic violence cases, we fight to modify or lift restrictive No Contact Orders.
  3. Proven History
    • As former prosecutors, we know how the other side thinks—and we use that knowledge to your advantage.

Call Knauss Law Today

Assault charges are serious, but you don’t – and shouldn’t - have to face them alone. At Knauss Law, we combine legal expertise, tenacious advocacy, and a client-focused approach to secure the best possible outcomes.

If you’ve been charged with assault, time is critical. Contact us today for a confidential consultation and take the first step toward protecting your rights and future.