While assault in the 2nd degree can be committed in various ways, the more common allegations in domestic violence related charges are: an intentional assault of another that recklessly inflicts substantial bodily harm assault with a deadly weapon knowingly inflicting bodily harm which by design causes such pain or agony as to be the equivalent of that produced by torture and assault by strangulation. Assault in the 2nd degree is a Class B felony (unless with a sexual motivation – then Class A). For purposes of a Washington DV charge, assault in the 3rd degree is typically defined as causing, with criminal negligence, bodily harm to another person by means of a weapon or other instrument or thing likely to produce bodily harm or, causing, with criminal negligence, bodily harm accompanied by substantial pain that extends for a period sufficient to cause considerable suffering.

Assault in the 3rd degree is a Class C felony.

Assault in the 4th degree is a gross misdemeanor and defined as an assault under circumstances not amounting to assault in the first, second, or third degree, or custodial assault. In Washington, assault is defined as an intentional touching of another person that is harmful or offensive regardless of whether any physical injury is caused.Ī touching is considered offensive if it would offend an ordinary person who is not unduly sensitive.Īn assault can also be an act done with unlawful force and the intent to create an apprehension and fear of bodily injury which does in fact create in another a reasonable apprehension and imminent fear of bodily injury (even if there was no intent to actually inflict bodily injury).Īssaults are defined by three degrees with various levels of severity and punishment:

Malicious mischief 3 penalty