What Is Third-Degree Assault in Washington State?

Assault charges can arise from a wide range of circumstances, from a physical fight in a bar to a threatening confrontation in a parking lot. Regardless of the situation, finding yourself accused of third-degree assault is a grave matter. In Washington, this serious offense can result in jail time and a criminal record that follows you long after the incident.

Facing the criminal justice system is daunting, especially when your freedom and future are on the line. But remember, an accusation is not a conviction. There may be details of your case that call the allegations into question or legal defenses that can be raised on your behalf by a Tacoma assault defense lawyer.

What Is Third-Degree Assault?

According to the Revised Code of Washington (RCW) 9A.36.031, third-degree assault is a Class C felony that involves causing bodily harm through criminal negligence. This differs from second- and first-degree assault, which involves intent to cause serious injuries.

The law also considers violence against certain protected individuals as third-degree assault, even when the injuries might otherwise warrant a lesser charge. These protected individuals include law enforcement officers, firefighters, bus drivers, judicial officers, court employees, and healthcare providers performing their professional duties.

Potential Penalties for Third-Degree Assault

A third-degree assault conviction carries heavy consequences that will affect your life for years. The Class C felony designation means you could face up to 5 years in prison. Sentences typically range from one to 43 months based on the defendant’s criminal history and the specifics of the case.

The court may impose fines up to $10,000 alongside or instead of imprisonment. You might also be sentenced to probation, where you will need to follow certain conditions. Probation might involve attending regular check-ins with a probation officer, participating in mandatory counseling programs, and providing restitution payments to the victim for medical expenses and other damages.

Beyond these immediate penalties, a third-degree assault conviction creates a permanent criminal record. This record will complicate job searches, housing applications, and professional licensing opportunities far into the future.

The judge may likely issue a no-contact order prohibiting communication with the alleged victim. Violating this order can lead to additional criminal charges, regardless of whether you are ultimately convicted of the assault charge. 

Aggravating Factors for Third-Degree Assault

Several circumstances can elevate the seriousness of third-degree assault charges and lead to harsher penalties, such as:

• Substantial or severe physical injuries to the victim
• Use of a weapon during the assault
• Committing the assault during another criminal act
• Targeting a victim based on protected characteristics
• Having a history of similar offenses

If a domestic relationship exists between you and the alleged victim, a domestic violence designation may be added to your charge. This designation brings additional consequences, including mandatory arrest, enhanced penalties, and more stringent protective orders.

What to Do If You Are Accused of Third-Degree Assault

Being accused of assault can be scary and overwhelming, but your actions immediately following the accusation can significantly impact your case’s outcome. During this time, focus on protecting your legal rights while enlisting the help of an attorney:

• Exercise your right to remain silent when questioned by law enforcement. Anything you say can be used against you in court, so avoid discussing the incident with police officers without an attorney present.
• Request an attorney immediately upon being detained or questioned. With legal representation from the earliest stages, someone will always be there to protect your interests through each step of the process.
• Document everything you can remember about the incident while your memory is fresh. Include details about what happened before, during, and after the alleged assault, as well as the names and contact information of potential witnesses. Share this information with your attorney and your attorney only.
• Preserve any evidence that might support your side of the story, including photographs of injuries you sustained, damaged clothing, or communication records relevant to the case.
• Comply fully with all court orders, including no-contact orders, even if you believe they are unfair or unnecessary. You do not want to be charged with additional crimes on top of the assault charges.
• Avoid discussing your case on social media or with anyone other than your attorney. Prosecutors can use statements made to friends, family members, or online as evidence against you.

How a Criminal Defense Lawyer Can Help You

If you are arrested for third-degree assault, you have the right to hire an attorney. A criminal defense lawyer acts as your advocate during this difficult time, helping you understand the complex legal process ahead and your constitutional rights at every stage. Without a lawyer, you risk saying, doing, or agreeing to something that could jeopardize your rights and freedom.

In the event these allegations were during a domestic dispute, your Tacoma domestic violence defense attorney immediately creates a barrier between you and law enforcement, preventing you from making self-incriminating statements that prosecutors will use against you. They examine every detail of your arrest to identify procedural errors that could lead to dismissed charges.

A defense lawyer will also investigate the alleged assault independently, uncovering evidence the police may have overlooked. They track down and interview witnesses whose testimonies might contradict the prosecution’s narrative. Body camera footage, surveillance video, and medical records all undergo intense scrutiny to see if there are any inconsistencies in the state’s case.

Your attorney will also develop a personalized defense strategy based on your case’s circumstances. Were you defending yourself? Did the alleged victim consent to physical contact? Was your identity mistaken? Each strategy requires specific evidence and legal arguments that only an experienced lawyer knows how to develop effectively.

If your case proceeds to trial, your lawyer will champion your rights and uphold your side of the story. They will challenge evidence, cross-examine witnesses, make persuasive opening and closing arguments, and help the jury properly understand the facts of your case. 

Schedule Your Confidential Legal Consultation Today

When you are facing third-degree assault charges in Washington state, you need a criminal defense lawyer on your side. An attorney will thoroughly investigate the circumstances surrounding your case, challenge the prosecution’s evidence, and craft a compelling defense strategy tailored to you. Contact a Washington defense attorney today and learn how they can help you navigate this difficult situation.