Breaking Down the Degrees of Assault and Prosecutorial Discretion

Assault charges in Washington State are categorized by degree, with first-degree being the most severe and fourth degree the least. While the legal definitions may seem straightforward, the difference between degrees is often highly subjective and reliant on a prosecutor's interpretation of the facts. This variability can mean the difference between a gross misdemeanor and a felony that could follow you for the rest of your life.

questioned by police

Degrees of Assault in Washington State

First-Degree Assault (RCW 9A.36.011)

This is the most serious assault charge and is typically reserved for incidents involving extreme violence or the use of deadly weapons. Prosecutors may file first-degree charges if they believe there was intent to cause great bodily harm, even if the injuries are not life-threatening.

  • Example: An intense argument escalates, and one party brandishes a weapon.
  • Subjectivity: The prosecutor's decision often hinges on perceived intent and whether the injuries qualify as "great bodily harm," which can vary widely.

Second-Degree Assault (RCW 9A.36.021)

Second-degree assault covers situations involving serious physical injury or threats with a weapon but with less intent than first-degree assault.

  • Example: A bar fight results in someone being hospitalized with broken bones.
  • Subjectivity: The line between second- and third-degree assault is often unclear and depends on how the prosecutor views the injuries and circumstances.

Third-Degree Assault (RCW 9A.36.031)

This charge frequently involves injuries inflicted on specific individuals such as law enforcement officers, healthcare providers, or transit operators. It can also apply when substantial bodily harm occurs but does not rise to second-degree assault.

  • Example: Struggling during an arrest and causing minor injuries to a police officer.
  • Subjectivity: Whether an injury is "substantial" can be debated, as can the context of the interaction.

Fourth-Degree Assault (RCW 9A.36.041)

This is the least severe form of assault and is generally charged as a gross misdemeanor. It applies to cases involving offensive or harmful physical contact without significant injury.

  • Example: Shoving someone during a disagreement.
  • Subjectivity: Even unintentional contact can be charged as fourth-degree assault if it’s deemed offensive to a “reasonable person.”

The Role of the Prosecutor in Determining Assault Charges

In Washington, the prosecutor has significant discretion in deciding the degree of assault to charge. This decision is based on their interpretation of the evidence, witness statements, and even their own biases. For instance:

  • Aggressive Filing: A prosecutor may file the highest possible charge to pressure the defendant into accepting a plea deal.
  • Ambiguous Evidence: If evidence is unclear, prosecutors may still err on the side of severity, assuming the court can resolve ambiguities later and in the assumption they are protecting the community.
  • Political or Public Pressure: High-profile cases or public outrage can influence a prosecutor to pursue harsher charges, even if the circumstances don’t fully warrant them.

How Knauss Law Can Help

At Knauss Law, we understand the complexities and subjectivity involved in assault cases. Our team works tirelessly to ensure that your side of the story is heard and that the charges are fair. Here's how we help:

  1. Thorough Investigation

    We independently review the facts of the case, uncovering evidence that may contradict or weaken the prosecutor's interpretation.

  2. Challenging Subjectivity

    Our attorneys are skilled at demonstrating inconsistencies in the prosecutor's logic, highlighting gaps in their evidence, and arguing against biased interpretations of events.

  3. Strategic Negotiation

    We work to have charges reduced by presenting evidence and arguments that show mitigating circumstances, such as self-defense or lack of intent.

  4. Preparedness for Trial

    If the prosecutor refuses to be reasonable, we build a strong case to challenge their narrative and create reasonable doubt.

  5. Compassionate Guidance

    We know how stressful and overwhelming assault charges can be. Our team offers clear, honest advice to help you make informed decisions throughout your case.

Take Control of Your Defense

Don’t let subjective interpretations and prosecutorial biases dictate your future. Contact Knauss Law today for a consultation. We’ll stand by your side, protect your rights, and fight for the best possible outcome in your case.