Assault Charge Without Injury in Vancouver, Washington: What You Need to Know

You can be charged with assault in Washington even though no one is injured. The law defines assault as an unwanted harmful or offensive touching, an attempt to injure another or an act that causes another to believe that he or she is in imminent fear of harm. The most common charge for these types of incidents is Assault in the 4th Degree, a gross misdemeanor, which can result in up to 364 days in jail and a $5,000 fine.

However, certain circumstances involving no injury can even rise to felonies. For example, using a weapon, strangulation or even assaulting a protected class of individuals can result in serious felony charges. It is wise to seek the advice of a qualified assault defense attorney early on to properly discuss your case before speaking with anyone else about the incident.

Does Washington Require an Injury for Assault?

No. In Washington, the crime of assault is defined by the common law which includes three different types of conduct: unlawful touching, attempted battery and apprehension of harm.

• Unlawful touching. Intentionally touching another person in an unfortunate, offensive or harmful manner, whether or not such touching resulted in injury to another.
• Attempted battery. This includes the act of unlawful force or action directed with the intent to injure another which does not in fact result in injury to such other person.
• Apprehension of harm. An act involving the unlawful use of force against another with the intent to and which creates in another a reasonable fear of immediate bodily injury to himself or another.

Because of these definitions of assault, many everyday incidents can give rise to charges even where there are no injuries and little or no property damage.

Examples of Assault Without Injury

The following situations can lead to charges:

• Shoving or pushing someone during an argument
• Spitting on a person
• Slapping or grabbing another person’s arm or clothing
• Throwing an object at another person even if it misses them and does not cause any injury.
• Swinging a fist at someone even if you don’t hit them.
• Raising a weapon or object in a manner designed to create fear of attack.
• Blocking a person’s path with physical force

There is no need for a photo of your bruises, for any medical reports, or even for a visible injury to have occurred and for proof of the assault to be shown. A single witness account, video, or police report can be sufficient to prove the assault.

What Prosecutors Must Prove

These elements must be proven beyond a reasonable doubt by the state in order for you to be convicted of the crime of assault.

• You acted intentionally. An accident does not qualify.
• You used unlawful force. The touching did not have a lawful justification (i.e. it was not lawful to touch the other person). Your actions were not consented to.
• Your conduct falls within the definition of assault as outlined in above.

For the third definition of Assault (Intending to place another in fear of immediate bodily injury), the state must also prove that the other person actually had a reasonable fear of immediate bodily injury.

Assault Degrees in Washington

Washington has categorized assault into four different degrees, depending on the circumstances surrounding the alleged conduct for acts of assault constituting gross misconduct, in addition to injury.

Not all assault charges require proof of injury to constitute a felony. For example, assault with a deadly weapon can be charged as a felony even if no injury occurred.

When a Domestic Violence Label Applies

If the alleged victim is a spouse, partner, family member or other household member then the case will likely be designated as a Domestic Violence case by the prosecutor. In many ways the Domestic Violence designation is a separate offense that must be considered in the overall penalty for the Assault case.

• A no-contact order that keeps you away from your home and family for years to come.
• Mandatory court conditions
• Firearm restrictions
• Treatment requirements
• Greater consequences for any future charges

In addition to the above information, the court considers prior incidents of domestic violence in deciding your case. It is wise to retain an attorney immediately when involved in a case where a family or household member is the alleged victim of assault.

Penalties and Consequences Beyond Jail

Even a misdemeanor assault conviction can disrupt your life. Possible consequences include:

• Jail time and fines
• Probation – which includes mandatory conditions such as anger management or counseling.
• No-contact orders that last for years
• A permanent criminal record
• Loss of right to possess firearms (especially in cases with prior domestic violence convictions).
• Job and licensing problems (e.g., health care, education, security)
• Immigration consequences for noncitizens
• Housing and custody complications

Penalized Forever Because It Is A Crime Of Violence!

Common Defenses to an Assault Charge

Of course, each case is unique. However, there are a few general defenses to an assault charge.

1. Self-Defense

In some jurisdictions, self-defense can be utilized by the defendant and then the state is required to prove beyond a reasonable doubt that the defendant’s actions were not in self-defense.

2. Lack of Intent

An accidental bump, stumble, or misinterpreted gesture does not constitute an assault. The state must prove that the defendant acted with the intent to commit the offense of assault.

3. Consent

Sport or consensual contact between parties, such as wrestling or boxing, is also lawful and thus does not constitute assault where it remains unlawful.

4. False or Exaggerated Accusation

Even disputes with partners, neighbors, or co-workers can lead to exaggerated charges of assault. Videos, text messages and other independent evidence can be used to contradict a false accuser.

5. No Reasonable Fear

Apprehension-based assault requires the other person to have had a reasonable fear of imminent serious physical injury. It is likely to fail if the facts do not establish such a fear.

6. Insufficient Evidence

Most Assault cases depend on the testimony of one victim for physical injuries. If that victim’s testimony conflicts with other evidence then the state’s case will likely fail.

7. Mistaken Identity

These types of misidentification occur due to crowded scenes, poor lighting, and fast moving events.

8. Unlawful Police Conduct

Officer misbehavior in making an arrest, search, or asking questions can result in the evidence being suppressed by the court.

What to Do If You Face an Assault Charge

Take these steps right away:

• Silence is Golden – remain silent until you speak with an attorney.
• Follow any no-contact order. Failure to comply with a no-contact order is a crime.
• Do not contact the accuser and do not have anyone else contact the accuser for you.
• Save all evidence, including text messages, photos and videos, as well as call logs and contact information for any witnesses.
• Write down as much information as possible about the incident and remember to only share this information with your attorney.
• Avoid social media posts about the incident.
• Attend every court date.
• Call a criminal defense attorney immediately.

How Mcaleer Law Can Help

At Mcaleer Law we are experienced in defending people charged with Assault in Vancouver. First we review the police report and then we go out and investigate the facts including the viewing of any video and obtaining a statement from any witness to the incident.

We will:

• Determine whether the state can prove each element of the assault charge listed in RCW 9A.36. #####.
• Investigate the facts and gather all necessary evidence to best defend our client.
• Fight for fair release conditions and no-contact order changes
• Negotiate with prosecutors for reductions or dismissals
• Prepare your case for trial when necessary

Even though no one was injured, are you charged with assault? Call the Vancouver Criminal Assault Defense Lawyers at McAleer Law for a free consultation at 360-946-0807.

Frequently Asked Questions

Can I be charged with assault if no one was injured?

Yes. This offense can include a wide variety of acts including unwanted and harmful or offensive physical contact, or attempted injury of another as well as conduct which creates a reasonable fear of imminent physical harm to another.

Is assault without injury a felony?

Typically, no, unless there are other aggravating circumstances, i.e. the defendant used a deadly weapon, committed strangulation, or defendant is a protected victim. See RCW 9A.36.031.

What is the penalty for fourth-degree assault in Washington?

Maximum punishment for the crime of Gross Misdemeanor 4th Degree Assault is 364 days in jail and $5,000 in fines, and usually includes terms of probation, counseling and no-contact orders.

Can the alleged victim drop the charges?

Wrong. The prosecutor is the official in the criminal justice system who will file or dismiss a criminal charge against a defendant. The alleged victim’s wishes will be considered by the prosecutor but are in no way binding.

Can I be charged for threatening or harassing someone?

Possible. You could be charged for assault even if all you did was threaten someone. You could also be charged with harassment as well as threat to another.

Is spitting on someone assault?

It can be considered as assault. Spitting is considered to be an ‘offensive touching’ by the courts, therefore it can be charged as assault.

Can an assault charge be dismissed?

Yes. Dismissals can be based upon weak evidence, a valid self-defense claim, evidence that is subsequently suppressed, and/or effective negotiation with the prosecutor.

Should I talk to the police?

No. Speak to an attorney first. What you say to police can be used against you later.