In Washington, assault charges do not always arise out of one person striking or hitting another. Instead, they can be based on conduct deemed offensive under the law. When reviewing convictions arising out of such charges convictions, courts consider both the intentionality of the act and its impact on the victim. A recent Washington case involving an assault conviction based on spitting illustrates the court’s approach to offensive conduct in assessing criminal culpability. If you face assault charges, you should meet with a Tacoma assault defense attorney to assess your options for seeking a favorable outcome.
Factual and Procedural History
It is reported that the defendant was approached by police officers at a transit station while they were investigating a robbery. Allegedly, the defendant was visibly agitated, and officers called for backup before attempting to detain him. Reportedly, as officers struggled to handcuff him, the defendant yelled, causing saliva to spray on a police officer. When the officer warned the defendant to stop spitting, he allegedly responded by intentionally spitting directly in her face, covering her glasses and face with saliva.
Reportedly, the defendant was charged with third-degree assault of a law enforcement officer under Washington law, which includes intentionally offensive contact as a basis for assault. During the trial, the police officer testified regarding her experience and the offensive nature of the act. The defendant did not deny the spitting but argued that it was unintentional. The jury found him guilty, and he was sentenced to three months of confinement followed by community custody. He then challenged his conviction.
Assault Charges Arising Out of Offensive Conduct
The defendant challenged the sufficiency of the evidence supporting his conviction, arguing that the State failed to prove his spitting was intended to be offensive. As such, the court reviewed the case to determine whether substantial evidence existed to support the jury’s finding of offensiveness.
Under Washington law, an assault can occur through offensive contact if the conduct would offend an ordinary person who is not unduly sensitive. The court noted that spitting on someone without their consent is considered inherently offensive and can constitute an assault.
The court explained that, when assessing the intent behind offensive contact, the jury is permitted to rely on common sense and circumstantial evidence. The police officer’s testimony indicated that the defendant’s actions were deliberate, as he spat directly in her face after she warned him to stop.
The court emphasized that the jury was instructed to apply the standard of an “ordinary person” in determining whether the spitting was offensive and that the defendant’s conduct met this threshold.
Further, the court addressed the defendant’s claim that the police officer did not specifically testify to being personally offended. The court clarified that the jury’s task was to evaluate the offensiveness of the conduct objectively rather than based on the officer’s subjective reaction. As such, the court concluded that sufficient evidence supported the jury’s determination that the defendant’s actions constituted an assault and upheld his conviction.
Meet with a Seasoned Tacoma Assault Defense Attorney
Assault charges based on offensive conduct can lead to serious consequences. If you are accused of assaulting someone, it is critical to meet with an attorney to determine your possible defenses. The seasoned Tacoma assault defense attorneys at The Law Offices of Smith & White can inform you of your rights and develop compelling arguments on your behalf. You can reach us at (253) 203-1645 or use our online form to schedule a consultation.