Common Defenses to Assault Charges in Washington

Being charged with assault in Washington is a serious matter that can carry long-term consequences. Whether the charge involves a bar fight, a domestic dispute, or an incident during a heated argument, the law does not take assault allegations lightly. However, being charged is not the same as being guilty—and if you or a loved one has been accused, it’s essential to understand that there are a number of legal defenses available. At the Law Office of Erin Bradley McAleer, we work closely with clients across Washington to identify the strongest possible defense based on the facts of their case.

Self-Defense and Defense of Others

Washington law recognizes that people have the right to protect themselves and others from harm. If you acted in self-defense, or in defense of another person, your actions may be legally justified. To raise this defense, the key is showing that you reasonably believed you were in imminent danger and that the force you used was proportionate to the threat. In many cases, especially those involving domestic disputes or confrontations in public, we use witness accounts, medical records, or video evidence to support self-defense claims.

Lack of Intent

In order to be convicted of assault, the prosecution must prove that your actions were intentional. If the physical contact was accidental or misunderstood, you may have a valid defense. For instance, if you made sudden contact with someone in a crowded space, or you swung your arm without realizing someone was nearby, that may not meet the legal definition of assault. The absence of intent can be particularly important in cases involving Assault in the Fourth Degree, which covers low-level physical contact.

False Accusation

Assault charges in Washington sometimes arise from false accusations. These situations can be especially complicated when they involve former partners, custody disputes, or personal vendettas. While the accusation itself may be serious, we know that not every allegation reflects the truth. In defending against false claims, we thoroughly examine motives, prior conflicts, inconsistent statements, and communication records to expose any gaps in credibility.

Consent or Mutual Combat

Although lesser-known, Washington law does allow for a defense known as mutual combat. This applies in situations where both parties voluntarily engaged in a fight or physical confrontation. While mutual combat does not excuse excessive force or use of a weapon, it may reduce your legal liability or help mitigate the severity of the charges. This defense is often raised in spontaneous altercations such as bar fights or disputes between acquaintances.

Insufficient Evidence

The prosecution carries the burden of proving each element of the assault charge beyond a reasonable doubt. In many cases, especially where there are no witnesses or physical evidence, the state’s case may rest entirely on one person’s version of events. If the evidence is weak, contradictory, or unreliable, that can serve as a powerful defense. We regularly challenge flawed investigations, conflicting testimony, and missing documentation to show the court that the state has not met its burden.

The Importance of a Strong Defense

Facing an assault charge can be frightening—but you are not without options. With an experienced legal team, you can assert your rights, challenge the evidence, and pursue the most favorable outcome available. At the Law Office of Erin Bradley McAleer, we know what’s at stake, and we bring a strategic, client-focused approach to every case we handle. We will evaluate the facts, build your defense, and stand by your side every step of the way.

If you or someone you care about is facing assault charges in Washington, don’t wait. Contact our office for a free consultation today at (360) 334-6277.