Assault Defense

Seattle Assault & Battery Defense

Janet Bergstrom — former King County Deputy Prosecutor — brings insider knowledge to every case. Free consultation 24/7.

Quick Answer

Washington has multiple degrees of assault, from simple assault (gross misdemeanor) to first-degree assault (Class A felony). Self-defense is a complete defense when justified. Witness credibility, physical evidence, and the sequence of events all determine the outcome.

Washington Assault Law: The Four Degrees

Assault 1st Degree (Class A Felony): Assault with a deadly weapon or firearm with intent to cause great bodily harm. Carries up to life in prison.

Assault 2nd Degree (Class B Felony): Assault causing substantial bodily harm, or assault with a deadly weapon. Up to 10 years.

Assault 3rd Degree (Class C Felony): Assault of a protected person (police officer, transit worker, healthcare worker). Up to 5 years.

Assault 4th Degree (Gross Misdemeanor): Simple assault — touching in an offensive manner. Up to 364 days and $5,000 fine.

Self-Defense in Washington State

Washington law allows the use of reasonable force to protect yourself or others from imminent harm. The force must be proportional to the threat. When properly asserted, self-defense is a complete defense — meaning acquittal, not merely a reduction. Janet builds self-defense cases through physical evidence, witness accounts, prior threats, and incident context.

Challenging Witness Testimony

Assault cases often come down to one person's word against another's. Janet rigorously cross-examines witnesses, obtains prior statements for inconsistencies, and investigates witness motives. Surveillance footage, phone records, and third-party accounts often tell a very different story than the complainant's version.

Washington State Law: RCW 9A.36.011 (Assault 1), RCW 9A.36.021 (Assault 2), RCW 9A.36.031 (Assault 3), RCW 9A.36.041 (Assault 4), RCW 9A.16.020 (self-defense)

Frequently Asked Questions

Can assault charges be dropped if I acted in self-defense?
Yes. Self-defense is a complete defense in Washington. You must show that you reasonably believed force was necessary to protect yourself from imminent harm, and that the force used was proportional. Once raised, the prosecution must disprove self-defense beyond a reasonable doubt.
What if the alleged victim doesn't want to press charges?
In Washington, the State — not the victim — decides whether to prosecute. A victim who refuses to cooperate can still be subpoenaed. However, a victim's recantation or non-cooperation significantly weakens the prosecution's case and is a factor Janet uses in negotiations.
Can an assault charge be expunged in Washington?
Assault convictions can potentially be vacated after a waiting period if eligibility requirements are met. Assault 4th Degree may be eligible after 5 years. Higher degree assaults have longer or no vacation eligibility.
What is the difference between assault and battery in Washington?
Washington does not use the term 'battery' — all offensive physical contact is covered under the assault statute (RCW 9A.36). Any unlawful touching can constitute assault, even without injury.
How does the court determine self-defense?
The court applies a 'reasonable person' standard — would a reasonable person in your situation have believed force was necessary? Evidence of prior threats, the physical size of the parties, the location, and the sequence of events all factor into this analysis.

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