Four degrees, four very different futures.
Prosecutors have enormous discretion in how they charge a physical altercation, and I spent eight years making exactly those charging decisions. That's why my first move in an assault case is often attacking the degree, not just the facts.
Washington's assault degrees
- Assault 1 (RCW 9A.36.011): Class A felony — up to life in prison. Requires intent to inflict great bodily harm, typically with a weapon or force likely to kill.
- Assault 2 (RCW 9A.36.021): Class B felony — up to 10 years, and it counts as a "strike" under Washington's persistent-offender law.
- Assault 3 (RCW 9A.36.031): Class C felony — up to 5 years. Often charged for contact with police officers, nurses, or transit operators.
- Assault 4 (RCW 9A.36.041): Gross misdemeanor — up to 364 days. The most commonly charged, especially with a domestic-violence designation.
The line between a strike-offense felony and a misdemeanor can be as thin as a prosecutor's read on "substantial bodily harm." I know how those calls get made — and how to challenge them.
Self-defense is a real defense in Washington.
Washington law is stronger on self-defense than most people realize. Under RCW 9A.16.020, force is lawful when used to defend yourself, another person, or your property against attack. And critically: once self-defense is properly raised, the State bears the burden of disproving it beyond a reasonable doubt — not the other way around.
- No duty to retreat. Washington courts have long held that a person lawfully where they are may stand their ground.
- Judged from your shoes. The reasonableness of your response is evaluated from what you knew and perceived in the moment — not from an armchair.
- Proportionality matters. The State loves to argue you went too far. The full context — size, numbers, threats, history — is how I answer that.
How I take an assault case apart.
Assault cases are stories, and police reports almost always tell only one side's version, gathered in the heat of the moment. I get to work on the rest: the 911 audio and what it actually captures, the witnesses officers never interviewed, surveillance and phone video, the inconsistencies between claimed injuries and the medical records, and the history between the people involved that explains what really happened. Then I put that picture in front of the prosecutor — the way I'd have wanted to see it when I was the one making the call.
Assault questions I hear most.
The other person doesn't want to press charges. Will the case be dropped?
Not automatically — in Washington, the State is the party, not the alleged victim, and prosecutors routinely proceed without a cooperative witness. But a witness's genuine reluctance, handled properly and lawfully, absolutely shapes how a case resolves.
What's the real difference between second- and fourth-degree assault?
Often, one phrase: "substantial bodily harm" — or the presence of a weapon. That difference separates a gross misdemeanor from a strike-offense felony with prison exposure, which is why fighting the degree is sometimes the whole case.
Can I claim self-defense if I threw the first punch?
It's harder — an initial aggressor generally can't claim self-defense — but "who started it" is rarely as simple as who swung first. Words, advances, and threats matter, and an aggressor who withdraws can regain the right to defend himself.
Is an assault conviction really a "strike"?
Assault in the second degree is a most-serious offense — a strike — under Washington's persistent-offender law. Three strikes means life without release. That's reason enough to fight a felony assault charge with everything available.
Statutory references current as of July 2026. This page is general information, not legal advice about your case — outcomes depend heavily on the specific facts.