Assault charges often arise from a single moment — a fight outside a bar, a confrontation that escalated, a domestic argument. What separates a gross misdemeanor from a felony carrying prison time is frequently a matter of degree: how badly someone was hurt, whether an object was involved, and who the person was.
Because so much turns on those details, these cases reward careful work. The difference between the charge as filed and the charge as resolved is often the difference between a manageable outcome and one that reshapes your life.
What are the degrees of assault in Washington?
| Degree | Classification | Maximum penalty | Typically charged when |
|---|---|---|---|
| Fourth degree | Gross misdemeanor | 364 days / $5,000 | The most commonly charged assault — offensive contact or minor injury |
| Third degree | Class C felony | 5 years / $10,000 | The alleged victim is an officer, nurse, transit operator or other protected class |
| Second degree | Class B felony | 10 years / $20,000 | Substantial bodily harm, a deadly weapon, or strangulation or suffocation |
| First degree | Class A felony | Life / $50,000 | Great bodily harm, or intent to inflict it |
Weapon enhancements can add mandatory time on top of the standard range. A domestic violence designation can attach to any degree.
Felony assault is prosecuted in Spokane County Superior Court and sentenced under the Sentencing Reform Act, where your offender score and the seriousness level produce a standard range. Weapon enhancements can add mandatory time on top of that range.
Is self-defense a valid defense to assault in Washington?
Washington law permits the use of force to defend yourself or another person from what you reasonably believe is an imminent threat. The force must be reasonable in the circumstances, judged from the perspective of a person in your position — not with the benefit of hindsight.
When self-defense is properly raised, the burden shifts: the State must prove beyond a reasonable doubt that the force was not lawful. That is a demanding standard, and it is why the physical evidence — who has injuries, where, and how the scene actually looked — often matters more than which person spoke to police first.
What does a defense attorney examine in an assault case?
- Whether the injury described meets the legal threshold for the degree charged
- Body-camera and surveillance video, which frequently contradicts the written report
- Medical records, and whether they support the alleged severity
- Witness accounts, including witnesses officers never interviewed
- Whether the contact was intentional, accidental, or lawful self-defense
- Whether a weapon allegation or enhancement is supported by the facts
What if my assault charge is labeled domestic violence?
If the alleged victim is a family or household member or an intimate partner, the charge carries a DV designation. That adds a no-contact order, firearm restrictions, and consequences for any family law case you have — which frequently makes the designation, rather than the sentence, the most important thing to fight about.
What are the consequences of an assault conviction?
An assault conviction is a crime of violence on your record. It affects employment and professional licensing, firearm rights in the more serious cases, immigration status for non-citizens, and housing applications. For felony convictions the effects are broader and longer-lasting, and some are not eligible to be vacated later — which is exactly why the charge level matters so much at the resolution stage.
Frequently asked questions
Is fourth-degree assault a felony in Washington?
No. Assault in the fourth degree is a gross misdemeanor carrying up to 364 days in jail and a $5,000 fine. Third, second, and first-degree assault are felonies.
What if I was defending myself?
Self-defense is a complete defense where the force used was lawful and reasonable. Once it is properly raised, the State must disprove it beyond a reasonable doubt, so the physical evidence and witness accounts become central.
What makes an assault charge a felony?
Generally the seriousness of the injury, the use of a deadly weapon, allegations of strangulation, or the status of the alleged victim — such as an officer, nurse, or transit operator.
Can an assault charge be reduced?
It happens, particularly where the evidence of injury is weaker than the charging decision assumed or where self-defense is supported. Whether it is realistic depends entirely on the facts, and we will tell you honestly.
Ready to talk through your situation?
Reach a Schwab Law attorney in Spokane today.