When most people hear the word assault, they imagine someone intentionally trying to injure another person. But under Washington law, assault doesn’t always require an intent to cause physical harm. You may still face criminal charges even if you didn’t mean to hurt the alleged victim. Please contact a skilled criminal defense attorney now if you are facing any type of assault charge.

How Does Washington Law Define “Assault”?

Washington does not have a single statute that defines “assault.” Instead, courts have developed a common-law definition.

According to this definition, assault can generally include:

  • Intentional harmful or offensive touching of another person (even if no injury occurs),
  • Acts or attempts that place another person in reasonable fear of harm, and
  • Actual physical harm caused to another person.

Because “offensive touching” is enough to support an assault charge, you can be charged with this crime even if your actions didn’t actionally injure a “victim.”

Intent to Harm vs. Intent to Act

Note that prosecutors don’t always have to prove you intended to injure someone in an assault case. They only need to show that you intended to take the action that led to some contact of another person.

For example:

  • If you shove someone during an argument, you can be charged with assault even if you didn’t mean to hurt them.
  • If you throw an object intending to scare someone, but it accidentally hits them, that can still be assault.
  • Even “joking” physical contact, like grabbing or poking someone, may qualify as assault if it’s offensive and unwanted.

Accidental vs. Reckless Conduct

In assault cases, a defense is often that you touched or took some action by accident. But, there is a difference between a true accident and reckless or negligent conduct.

For instance, if you accidentally trip and bump into someone, that’s usually not assault because there was no intent to make contact. However, if you swing your arms wildly in frustration and accidentally hit someone nearby, a prosecutor may argue you acted recklessly, which can support an assault charge.

The line between accident and reckless behavior often becomes the central issue in a case.

Consequences of an Assault Charge

Even if you never intended to hurt anyone, an assault conviction in Washington carries serious consequences. A conviction of an assault crime is punishable by:

  • Criminal penalties such as jail, fines, and probation,
  • Collateral consequences like difficulty finding employment, housing, or professional licensing, and
  • Protective orders that may limit where you can go and who you can contact.

Contact Black & Askerov for Help

While a defendant can raise a legal defense to challenge an assault charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on various assault charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!