Washington Court Explains Transferred Intent in Assault Cases

Assault charges in Washington are not always straightforward. The severity of the charge often depends not only on the act itself but also on how the court interprets your intent. In some cases, legal principles like “transferred intent” can elevate a lower-level offense into a felony.

A recent Washington case highlights how these doctrines play out in court and why it is essential to understand them if you are facing assault allegations. If you’ve been charged with assault in Tacoma or Pierce County, a knowledgeable defense lawyer can make a critical difference in your case.

For immediate help with your case, call the Law Offices of Smith & White at (253) 203-1645 to speak with an experienced Tacoma assault defense attorney.

What Happened in This Washington Assault Case?

Law enforcement responded to a home in Royal City after receiving a call about a domestic disturbance that had become physical. When officers arrived, they found the defendant visibly upset—crying, yelling, and highly agitated.

Inside, police attempted to place her in handcuffs. She resisted, but after being restrained, she was escorted outside to a patrol vehicle. As one sergeant opened the car door, the defendant turned, continued shouting, and spit. The spit struck the sergeant’s glasses, cheek, and forehead.

The defendant testified that she had not aimed at the officer but at her uncle, who had followed her outside and allegedly made a provoking comment. According to her, the act was a reaction to her uncle rather than law enforcement.

The Charges Filed

Prosecutors charged her with:

Third-degree assault for spitting on a law enforcement officer
Obstructing a law enforcement officer for resisting officers during the incident

Under Washington law, spitting on an officer in the line of duty can meet the definition of third-degree assault.

The prosecution also asked the court to include an instruction on transferred intent, arguing that even if she intended to spit on her uncle, her intent transferred to the officer once he was the one struck.

The defense requested a lesser included instruction for fourth-degree assault, arguing that the jury should have the option to convict on a lower charge if they believed her spit was aimed at her uncle.

The trial court denied this request, reasoning that Washington’s transferred intent doctrine applied, and because the victim was an officer, the higher charge was appropriate.

How the Jury Reached Its Decision

At trial, prosecutors told jurors they could convict her if they believed she either:

Intentionally spat at the officer, or
Intentionally spat at her uncle but hit the officer instead

The defense maintained she did not intend to spit on anyone.

The jury ultimately convicted her of third-degree assault and obstructing a law enforcement officer.

She appealed, claiming that the judge’s refusal to allow the jury to consider fourth-degree assault deprived her of a fair trial.

How Does Transferred Intent Work in Washington?

Transferred intent is a legal principle that applies when a person intends to harm one individual but instead harms another. The law treats the intent as if it were directed toward the actual victim.

In Washington assault cases:

If you intend to assault one person but strike someone else, the intent “transfers” to the person harmed.
The victim’s status matters. If the unintended victim is a law enforcement officer performing official duties, the assault is elevated to third-degree assault under RCW 9A.36.031(1)(g).
The State does not need to prove you knew the victim was an officer. The law applies strictly based on the victim’s identity and role.

This principle has been confirmed in multiple Washington cases, including State v. Wilson, which held that once intent to assault is established, it transfers regardless of whether the victim was the intended target.

Why the Court Rejected the Lesser Charge

The appellate court reviewed the case under Washington’s two-part test for lesser included offenses from State v. Workman.

Legal prong: All elements of the lesser offense must be included in the greater. Both sides agreed this was satisfied.
Factual prong: There must be evidence that would allow a rational jury to convict on the lesser instead of the greater offense.

The court emphasized that once the spit hit the officer, transferred intent applied. Because the victim was a law enforcement officer engaged in official duties, no rational jury could have found her guilty of only fourth-degree assault.

Therefore, the trial court was correct to deny the lesser instruction. The conviction for third-degree assault stood.

What This Case Means for Assault Charges in Tacoma and Pierce County

This ruling demonstrates several key points that defendants in Washington should understand:

Transferred intent is powerful. Even if your actions were not aimed at a police officer, you can still face elevated charges if an officer is struck.
Strict liability for officer status. You do not need to know or intend that the victim was an officer—if the officer is performing official duties, the charge is third-degree assault.
Fewer defense options. In some cases, you may not have the opportunity to argue for a lesser offense at trial.

These rules can result in severe penalties for conduct that might otherwise be charged as a misdemeanor if another person were involved.

Penalties for Third-Degree Assault in Washington

Third-degree assault is a Class C felony. A conviction can carry:

Up to 5 years in prison
Fines up to $10,000
Permanent felony record
Collateral consequences, including difficulty finding employment, housing, or professional licensing

Because these penalties are so serious, it is crucial to have a defense attorney who understands how to challenge the prosecution’s case, question witness credibility, and argue against the application of transferred intent.

What to Do if You Are Facing Assault Charges in Washington

If you are arrested for assault in Tacoma or Pierce County, you should:

Avoid making statements to police. Anything you say can be used against you.
Contact a defense lawyer immediately. Your attorney can step in to protect your rights and prevent missteps early in the case.
Provide your lawyer with all details. Explain what happened, who was present, and how officers handled the arrest.
Do not assume a plea deal is your best option. Prosecutors may push you to accept a plea to avoid trial, but your attorney can evaluate whether a dismissal, reduced charge, or acquittal is possible.

Call Our Tacoma Assault Defense Attorneys Today

If you are facing third-degree assault charges or any other criminal charge in Washington, you need a strong defense. Do not wait to protect your future.

At Smith & White, PLLC, our Tacoma criminal defense lawyers have extensive experience handling complex assault cases in Pierce County. We understand how doctrines like transferred intent work, and we know how to fight back against felony charges.

Call the Law Offices of Smith & White at (253) 203-1645 today for a free consultation with an experienced Lakewood, WA assault crime defense attorney.