Washington law says that you commit the crime of assault in the first degree in certain situations when you threaten to harm or use force against another person, and you do so with the intent to inflict great bodily harm. The offense is charged as a felony (as opposed to a misdemeanor) and a conviction could lead to a life term in state prison. Please contact a skilled criminal defense attorney now if you are facing charges of any type of violent crime.
How Does Washington Law Define Assault in the First Degree?
RCW 9A.36.011 is the statue that sets forth the crime of assault in the first degree. Per this law, you commit a crime if you do any of the following with the intent to inflict great bodily harm on another person:
- Assault another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or death,
- Transmit HIV to a child or vulnerable adult,
- Administer, expose, or give someone any poison or other destructive or noxious substance, or
- Assault another and inflict great bodily harm.
Note that you commit an “assault” when you:
- Threaten to harm or use force against another person, and
- You do so when you have the ability to inflict such harm or force.
Further, for the purpose of this statute, “great bodily harm” means a bodily injury that causes a high probability of death, or a significant permanent disfigurement, or a permanent loss or impairment to a body part or organ
What are the Penalties?
Assault in the first degree is a Class A felony. The crime is punishable by:
- Custody in state prison for up to a life term, and/or
- A maximum fine of $50,000.
Can a Defendant Raise a Legal Defense?
Yes. You have the right to challenge an assault in the first degree charge with a legal defense. Recall that there is a technical definition of “assault.” This means that you can raise a defense by showing that your underlying acts did not rise to the level of an assault.
Further, recall that you are only guilty of this crime if you commit an assault with the specific intent to inflict great bodily harm. This means that you can always raise the defense that, while you may have assaulted another person, you did not do so with the specific purpose of killing “the victim” or inflicting significant harm.
But note that if you do admit to committing an assault, you could be found guilty of another degree of assault.
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 a wide variety of 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!
* Main image at top by freepik