What Is Second-Degree Assault in Washington State?

Assault charges in Washington state can carry severe consequences, threatening your freedom, your future, and your reputation. But not all assault charges are created equal. The specifics of your case, from the circumstances of the incident to the degree of harm alleged, can make a significant difference in how your case is handled and the potential penalties you face.

When you are accused of second-degree assault, you find yourself in a serious legal predicament and you need an assault lawyer in Tacoma that can help. This felony charge suggests a level of violence or recklessness that goes beyond a mere physical altercation. Here is what you need to know about second-degree assault in Washington state.

What Is Second-Degree Assault?

Second-degree assault involves causing substantial bodily harm to another person. The Revised Code of Washington (RCW) 9A.36.021 defines this offense as:

• Intentionally assaulting another with intent to inflict substantial bodily harm
• Intentionally causing substantial bodily harm to an unborn child by injuring the mother
• Assaulting another with a deadly weapon
• Administering poison or exposing someone to HIV or other harmful substances
• Strangulation or suffocation
• Inflicting bodily harm that is considered torturous

For a second-degree assault charge, prosecutors must prove substantial bodily harm occurred. This typically manifests in three main forms:

• Substantial Injury: This includes broken bones, temporary or permanent disfigurement, or significant bruising. The injury must result from reckless or intentional contact, regardless of whether you intended to cause that particular injury.
• Strangulation or Suffocation: This involves intentionally compressing someone’s neck, impeding their breathing, or restricting blood flow to the brain. Medical evidence and visible marks on the victim’s neck often serve as evidence of this act.
• Use of a Deadly Weapon or Poison: Intending to cause bodily harm with a deadly weapon or poisonous substance elevates an assault to the second degree. A deadly weapon can be virtually any object capable of inflicting bodily harm, including guns, knives, bats, metal rods, and even motor vehicles.

Potential Penalties for Second-Degree Assault

Second-degree assault is classified as a Class B felony in Washington state. The consequences are severe and can include fines of up to $20,000 and/or a prison sentence between three and 12 months, which can increase based on the number of previous offenses. If you are convicted, you may also need to participate in mandatory community service and court-ordered treatment programs. In some cases, you may need to make restitution payments to the victim.

A second-degree assault conviction can permanently alter your life. As a convicted felon, you may face challenges obtaining employment, securing housing, or obtaining professional licenses. Additionally, second-degree assault counts toward Washington’s three-strikes law; this means the conviction counts as one of three serious violent felonies that can lead to a life sentence without parole if you accumulate three such convictions. Other strike offenses include rape, robbery, child molestation, manslaughter, and murder.

Aggravating Factors for Second-Degree Assault

Certain factors can increase the penalties for second-degree assault. For example, if prosecutors can prove that the assault was sexually motivated, the charge escalates to a Class A felony. This can result in a prison sentence of 93 to 123 months and fines of up to $50,000. Assaults against certain individuals performing their professional duties—such as law enforcement officers, healthcare providers, transit operators, or court officials—typically face enhanced penalties as well. 

If the assault involves a family or household member, romantic partner, or someone you’ve dated, a domestic violence designation will be added. This brings additional restrictions, including mandatory no-contact orders, potential loss of firearm rights, and enhanced penalties. If the assault occurs while committing another serious offense, the penalties can accumulate as well. Contact a domestic violence lawyer in Tacoma, Washington today for a free consultation.

Common Defenses to Second-Degree Assault Charges

If you are accused of second-degree assault in Washington, you have the constitutional right to defend yourself. A Washington criminal defense lawyer can vigorously protect your rights and leverage a range of strategies to challenge the prosecution’s case. 

Several defenses may be available, depending on your situation:

• Self-Defense: Washington law allows you to use reasonable and necessary force to protect yourself from harm. For a successful self-defense claim, you must establish three facts: you reasonably feared immediate physical harm, you used force proportionate to the threat you faced, and you were not the initial aggressor. You can also use this defense if you were protecting others.
• Accidental Contact: Many assault allegations arise from misunderstandings or accidental physical contact. Your attorney can challenge the prosecution’s claim that you acted with criminal intent.
• Lack of Evidence: Your attorney will carefully examine the prosecution’s evidence for weaknesses or inconsistencies. This includes scrutinizing witness statements for contradictions, questioning the reliability of identification, and challenging physical evidence that may have been improperly collected or analyzed.
• Constitutional Violations: Law enforcement must follow strict procedural rules when investigating crimes, making arrests, and collecting evidence. If your rights were violated during any stage of the process, your attorney can file motions to suppress evidence or even have your case dismissed.

Should You Hire an Attorney After Being Arrested for Assault?

When facing second-degree assault charges, professional legal representation is essential. Without an attorney, you risk making self-incriminating statements to police. You may miss opportunities to challenge the evidence against you or the testimony of any witnesses or the alleged victim. You may find yourself unprepared for court proceedings and at risk of making critical errors. This can lead to severe penalties and devastating consequences for your reputation and future. 

A Washington criminal defense lawyer offers important advantages during this time. An attorney understands how to negotiate effectively with prosecutors to secure reduced charges, deferred sentencing, or alternative resolution programs instead of incarceration. They protect your constitutional rights at every stage and conduct independent investigations, interview witnesses, review police reports, and scrutinize evidence collection methods to identify procedural errors or inconsistencies. 

Perhaps most importantly, they provide objective guidance through an emotionally challenging time, helping you make sound decisions rather than emotionally reactive ones that could harm your case.

Contact a Washington Assault Defense Lawyer Today

If you are facing second-degree assault charges in Washington state, time is of the essence. The sooner you involve a criminal defense attorney, the better your chances of achieving a favorable outcome. Your lawyer will take the time to listen to your side of the story and leverage all available resources to defend your rights. Schedule a confidential consultation today and learn how an attorney can protect your freedom and future.