Can I Be Charged with Assault Without Physically Harming Someone?

Understanding Washington State Assault Laws Under RCW 9A.36

It’s a common question in criminal defense: Can someone really be charged with assault if no one got hurt? In Washington State, the answer is yes. Physical injury is not required to be charged with assault. In fact, under state law, you can face assault charges for threats, attempts, or even offensive physical contact—whether or not actual harm occurred.

What Is Assault in Washington State?

Washington law doesn’t define “assault” in one single statute. Instead, courts have long recognized that assault includes more than just causing physical injury. It can also involve attempts to cause harm, or actions that cause a person to fear imminent physical harm.

Generally, Washington courts recognize three types of assault: (1) harmful or offensive physical contact, (2) attempted battery, and (3) placing someone in reasonable fear of bodily harm. That means a shove, a spit, a raised fist, or even a threatening approach could potentially qualify as assault—especially if it causes someone to feel unsafe or threatened.

You Don’t Have to Hurt Someone to Be Charged

Contrary to what many people assume, the law doesn’t require actual contact or injury. For example, if you try to punch someone and miss, or if you verbally threaten someone while advancing aggressively toward them, you may still be charged with assault. Courts will look at whether there was an intent to cause harm and whether the alleged victim had a reasonable fear of imminent physical injury.

This is where the idea of “attempted harm” becomes crucial. An act can be criminal assault even if it fails to make physical contact—as long as it conveys intent and creates fear.

The Degrees of Assault Under RCW 9A.36

Washington divides assault into four degrees, each with different levels of severity and penalties. The most serious is Assault in the First Degree, which typically involves an intent to cause great bodily harm or the use of a deadly weapon. Even if the weapon isn’t fired or doesn’t cause injury, the act of pulling a gun with the intent to harm can qualify.

Assault in the Second Degree covers serious situations like strangulation, attacks with dangerous weapons, or causing substantial bodily harm. Even if the injuries are less than life-threatening, the use of force or threat of a weapon can elevate the charge to a felony.

Assault in the Third Degree often applies when an assault is committed against certain protected individuals—such as police officers, nurses, or transit workers—or when criminal negligence causes injury with a weapon. The intent to harm is still required, but the victim’s status elevates the charge.

The most commonly charged offense is Assault in the Fourth Degree, which is a gross misdemeanor. This includes minor physical altercations, unwanted touching, or acts that place someone in fear of harm. Importantly, no injury needs to be proven—only the offensive or threatening nature of the act.

Intent Matters—But So Does Perception

When prosecutors evaluate an assault charge, they will focus on both the accused person’s intent and the victim’s perception. Was there an intent to threaten or hurt? Did the alleged victim feel immediate fear? Even if you didn’t mean to follow through on the threat, the combination of words and body language might be enough to support a charge—especially if the situation escalated quickly.

That’s why it’s essential to take assault allegations seriously, even when no one was physically injured. These cases often come down to the surrounding context, the credibility of witnesses, and how the actions were perceived by others.

How to Defend Against an Assault Charge

There are several ways to defend against assault allegations, especially when no harm actually occurred. Self-defense is a common defense in Washington. If you were protecting yourself or someone else from harm, and used reasonable force, you may have a valid legal justification. Other defenses include lack of intent, mutual combat, or a false accusation.

Because the facts are so important in these cases, working with an experienced criminal defense attorney can make the difference between dismissal and conviction. Your attorney can challenge witness testimony, review surveillance footage, and argue that the prosecution hasn’t proven intent or fear beyond a reasonable doubt.

Conclusion: Don’t Assume You’re Safe Just Because No One Was Hurt

In Washington, you can absolutely be charged with assault without causing injury. If someone feels threatened, or if you attempted to use force—even unsuccessfully—you could still face serious criminal charges. A conviction, even for misdemeanor assault, can carry lasting consequences, including jail time, fines, and a permanent criminal record.

If you’re facing assault allegations in Vancouver, Clark County, or anywhere in Washington State, the Law Office of Erin Bradley McAleer is here to help. Our experienced criminal defense team understands the nuances of Washington’s assault laws and will fight to protect your rights and your future. Call us today for a confidential consultation and take the first step toward building your defense.