Difference Between Assault and Battery Charges in Seattle

Difference Between Assault and Battery Charges in Seattle

Understanding the difference between assault and battery charges in Seattle can be confusing. Basically, battery involves offensive or harmful touching, whereas assault is when someone tries to commit battery by threatening violence^[1]. But in Washington state, battery falls under the umbrella of assault crimes^[2]. So let’s break it down.

What is Assault?

In Washington, assault charges cover both the threat of violence and actual physical attacks. There are four degrees of assault charges, ranging from most to least severe:

• First-degree assault – Intending to inflict serious bodily injury. This is a Class A felony with up to life in prison and $50,000 in fines.^[3]
• Second-degree assault – Intentionally causing physical harm with a weapon, to a pregnant woman, intending to commit another felony, exposing someone to a destructive substance, strangling, or inflicting torture. This is a Class B felony with up to 10 years in prison and $20,000 in fines.^[4]
• Third-degree assault – Assaulting firefighters, law enforcement, public transportation workers, judicial officers, or healthcare providers with criminal negligence. Class C felony with up to 5 years in prison and $10,000 in fines.^[5]
• Fourth-degree assault – Any unwanted touching of another person. Gross misdemeanor with up to 1 year in jail and $5,000 in fines.^[6]

So assault charges in Washington cover everything from threats of violence to actual battery and unwanted touching. Words alone don’t count as assault, but coupled with behaviors like aggressive posturing, they can support an assault charge. The key is whether the accused person’s actions would make a reasonable person fear imminent harm or offensive touching.^[2]

What is Battery?

Battery is when someone intentionally and offensively touches another person without their consent. This can include anything from punching and kicking to spitting or offensive sexual touching. In Washington, battery falls under the state’s assault laws rather than being a separate crime. So any case involving actual physical harm or offensive touching will lead to assault charges rather than battery charges specifically.^[6]

Degrees of Assault

While assault and battery are technically different, in Washington you can’t be charged with battery separately. But the degree of assault depends on factors like:^[3]

• – Whether a weapon was used
• – If the victim was pregnant
• – If the assailant intended to commit another felony
• – Whether the victim was a first responder or healthcare worker
• – The extent of physical harm caused

First and second-degree assault charges are more serious felonies involving weapons, significant injuries, or other aggravating factors. Third and fourth-degree charges won’t include these factors.^[4]

Penalties

The penalties for assault depend on the degree charged:^[5]

• First-degree – Up to life in prison and $50,000 fines
• Second-degree – Up to 10 years in prison and $20,000 fines
• Third-degree – Up to 5 years in prison and $10,000 fines
• Fourth-degree – Up to 1 year in jail and $5,000 fines

Other penalties can include probation, restraining orders, counseling, and paying restitution to victims for medical costs or property damage. Immigration consequences may also apply for non-citizens charged with assault.^[1]

Defenses

There are several defenses that could potentially beat assault and battery charges:^[4]

• – Self-defense – Using reasonable force to protect yourself or others
• – Consent – The “victim” consented to the physical contact
• – Misidentification – You were mistakenly identified as the assailant
• – False accusations – The charges are fabricated for ulterior motives
• – Mental illness – You lacked criminal intent due to mental defects

An experienced criminal defense attorney can evaluate the evidence and determine if any defenses apply in your case. They may also be able to negotiate reduced charges or sentencing alternatives to avoid jail time.

Take Assault Allegations Seriously

Don’t ignore assault or battery accusations – these are serious criminal charges. Hire an attorney right away to start building your defense. An aggressive lawyer may get charges reduced or dismissed before it ever reaches trial. But acting quickly is key, so contact a defense attorney immediately if facing assault or battery allegations in Seattle.

Sources:

^[1] https://www.hesterlawgroup.com/blog/2021/february/the-difference-between-assault-and-battery/

^[2] https://vindicatelaw.com/assault-vs-battery-are-they-the-same-or-different-crimes/

^[3] https://www.tromboldlaw.com/assault-and-battery/

^[4] https://michaelschwartzlegal.com/what-is-assault-and-battery-under-washington-state-law/

^[5] https://www.seattlecriminaldefenselawfirm.com/blog/recent-news/post/seattle-assault-and-battery

^[6] https://www.findlaw.com/state/washington-law/washington-assault-and-battery-laws.html