Understanding Fourth Degree Assault: More Than Just a Misdemeanor

Most people hear “assault” and think of serious violence—a punch that knocks someone out, a weapon involved, or a physical altercation that leaves injuries. But in Washington State, the definition of Assault in the Fourth Degree (Assault 4 or Assault IV) is much broader than most realize.

questioned by police

In fact, you can be charged with Assault 4 for:

  • A single push during an argument
  • Grabbing someone’s wrist or arm
  • Throwing an object that doesn’t even hit someone
  • Getting too close and making someone feel threatened
  • Touching someone in a way they find offensive—even if there was no injury

No injuries are required for an assault charge. There doesn’t even need to be physical contact. If the police believe you acted aggressively, made a threatening movement, or put someone in fear of harm, you could be charged with Assault 4—a gross misdemeanor with penalties that can change your life.

Now, let’s clear up some of the biggest misconceptions about Assault in the Fourth Degree.

Misconception #1: “If the Alleged Victim Doesn’t Want to Press Charges, the Case Will Be Dropped”

This is one of the most common misunderstandings people have about assault cases. Many assume that if the person who called the police doesn’t want to go forward, the charges will be dropped.

That is not how it works in Washington.

Once the police make an arrest or file a report, it’s the prosecutor—not the alleged victim—who decides whether the case moves forward. Even if the alleged victim recants, refuses to testify, or wants the case dismissed, the prosecutor can still push ahead with charges based on:

  • The officer’s observations
  • Statements made at the scene
  • Any physical evidence
  • 911 call recordings
  • Witness testimony

Bottom line: Once charges are filed, you cannot count on the alleged victim to “drop” the case—only an experienced criminal defense attorney can effectively challenge the prosecutor’s case.

Misconception #2: “It’s Just a Misdemeanor, So It’s No Big Deal”

A gross misdemeanor may not sound like much compared to a felony, but don’t underestimate the impact of an Assault 4 conviction. If convicted, you face:

  • Up to 364 days in jail
  • Fines up to $5,000
  • A permanent criminal record
  • Loss of firearm rights (if the assault involved domestic violence)
  • Career consequences (especially for licensed professionals, teachers, healthcare workers, and those with security clearances)
  • Restraining orders that impact child custody and housing

Even after serving time or paying fines, the long-term stigma of an assault conviction can make it harder to get a job, rent an apartment, or hold a professional license. This is not “just” a misdemeanor.

Misconception #3: “If There Were No Injuries, I Can’t Be Convicted”

Unlike felony assault, where serious injury is often required, Assault 4 does not require proof of injury—only proof that unlawful force was used or that the alleged victim was put in reasonable fear of harm.

This means:

  • A push, slap, or grab can be enough.
  • If someone says they felt threatened, that may be enough for a charge.
  • Words alone (if interpreted as threatening) can be used as evidence.

Even if the allegations are exaggerated or false, you can still face arrest, jail, and trial if the police believe an assault occurred.

Misconception #4: “If It’s My First Offense, I Won’t Get Jail Time”

Many people assume that first-time offenders will just get a mild reprimand. But in Washington, judges can and do impose jail time, especially if:

  • The case involves domestic violence
  • There were prior disputes with the alleged victim
  • The prosecutor believes you are not taking the case seriously
  • You have a prior criminal record

In some cases, a skilled defense attorney can negotiate alternatives like:

  • Deferred prosecution programs
  • Anger management courses
  • Community service instead of jail
  • Having the charges reduced or dismissed

But assuming you’ll automatically avoid jail is a dangerous mistake.

How to Fight an Assault 4 Charge in Washington

If you’ve been charged with Assault in the Fourth Degree, you need to act fast. Defenses exist, but only if they are handled strategically and aggressively.

A strong defense strategy may involve:

1. Challenging the Evidence

  • Was the officer biased or mistaken?
  • Did witnesses give conflicting statements?
  • Is there bodycam footage contradicting the report?

2. Proving Self-Defense

  • Did you act in response to a real threat?
  • Was someone else the aggressor?

3. Demonstrating False Allegations or Misinterpretation

  • Were you defending yourself or someone else?
  • Did an argument get exaggerated into an “assault”?

4. Negotiating a Favorable Outcome

  • Getting the charge reduced to a lesser offense
  • Entering a diversion program to avoid conviction

Protect Your Future – Contact an Experienced Assault Defense Attorney

Facing an Assault 4 charge is serious, and the system is stacked against you from the start. Prosecutors pursue these cases aggressively, and without the right defense, you could end up convicted for something you didn’t do—or something that was completely blown out of proportion.

Knauss Law knows how these cases work, we know the missteps officers and prosecutors make, and we know how to challenge the evidence to get charges reduced or dismissed.

Contact us today for a consultation—before it’s too late.