Assault is an attempted battery and it occurs when someone causes a victim to fear an imminent battery. In Washington State, assault is divided up into four different degrees, depending on the severity of the criminal act.
First degree assault is defined as an attempted battery with a deadly weapon, such as a firearm, in a way that will likely cause great bodily harm or death. The assault must be done with the intent to cause harm to the victim.
The definition of a deadly weapon includes any instrument designed to kill or seriously injure a person. A weapon may be considered deadly due to their basic design, like a gun, knife, and some martial arts weapons. A deadly weapon can also be an instrument used for everyday tasks, such as a hammer, wrench, pipe, some articles of clothing, or even a stick.
Serious bodily harm, also called serious bodily injury, is an injury that interferes with and impacts an individual’s comfort or health. Some types of serious bodily injuries include:
First degree assault is charged as a class A felony. A convicted defendant can face up to life in prison and/or a fine of up to $50,000.
Ultimately, the severity of the punishment depends on the seriousness of the felony. A class A felony means the defendant will face the most severe level of punishment for a crime. It is possible to face a less severe punishment, but it will depend on the surrounding and any mitigating circumstances of the case.
Yes. It’s important to hire a criminal lawyer to fight your assault charge.
Last Modified: 08-03-2016 11:47 AM PDTLaw Library Disclaimer
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