What is the Difference Between Assault 2 and Assault 3 in Washington?
The crime of assault is a far more complex charge than many realize. You may be charged with varying degrees of assault based on the circumstances. Assault in the second and third degree are common charges, but very different.
Assault 2 and 3 charges differ significantly in the level of intent required for the crime, the severity of the injuries inflicted, and the identities of the victims. Assault in the second degree, or assault 2, is typically a more severe charge that carries harsher penalties. Assault in the third degree, or assault 3, can also be serious, but tends to involve less severe injuries and may be charged if specific people are involved.
Contact our Tacoma, WA assault defense lawyers for a confidential case evaluation by calling the Law Offices of Smith & White at (253) 203-1645.
The Level of Intent Required for Assault 2 and 3 Charges in Washington
While assault 2 usually requires proof that a defendant intended to commit the crime or knew their actions would likely cause harm, assault 3 may be charged for intent amounting to criminal negligence.
Acting Intentionally
Under Washington law, when a person acts intentionally, they act with an objective purpose to accomplish a result that constitutes a criminal offense. While this is a somewhat general definition of intent, it applies to cases in which a defendant intentionally commits a crime such as assault.
This level of intent is required for certain forms of assault in the second and third degree. For example, picking up a baseball bat and striking someone with it is an intentional act of assault.
However, this kind of intent is sometimes difficult to prove. For example, maybe you swung the bat because you were practicing for an upcoming baseball game, and the victim crossed in front of you at the wrong moment. In that case, your actions would not be intentional, and our Washington criminal defense lawyers could fight the charges.
Knowing Intent
When a person acts “knowingly,” they may not have a specific or objective purpose, but they know of facts, circumstances, or other information that would lead a reasonable person to believe that their actions will constitute a crime.
Acting knowingly may be required for assault 2 when a defendant is alleged to cause pain amounting to torture.
Criminal Negligence
Criminal negligence is when someone fails to recognize a substantial risk of a wrongful act, and that failure to recognize the risk constitutes a gross deviation from the standard of care a reasonable person would exercise under the same circumstances.
You may be charged with assault in the third-degree under two circumstances involving criminal negligence. Assault 2 does not involve criminal negligence.
First, you may be charged for causing bodily harm with a weapon in a way that amounts to criminal negligence. A classic example may include carelessly playing around with a loaded gun.
Second, you may be charged if, with criminal negligence, you cause bodily harm accompanied by substantial pain that lasts long enough to cause considerable suffering. This may involve failing to provide adequate care for someone in your custody, like a child or vulnerable adult.
What Kind of Harm or Injuries Are Required for Assault 2 and 3?
Assault is a violent crime, and charges may be based, at least in part, on the severity of the injuries.
Bodily Harm
Bodily harm is defined under Washington law as physical pain, injury, or illness, or an impairment of physical condition. It is a broad term that encompasses a myriad of injuries. Generally, when only “bodily harm” is required for assault charges, the harm need not be severe. Even minor injuries may fulfill the requirement for bodily harm.
Assault in the second and third degree may require bodily harm for you to be charged. However, while assault 3 only requires bodily harm, assault 2 may require substantial bodily harm under certain circumstances.
Substantial Bodily Harm
Substantial bodily harm is usually more severe and required for more serious assault charges. Under Washington law, substantial bodily harm includes injuries leading to…
- Temporary but substantial disfigurement,
- Temporary but substantial loss or impairment of body parts or organs, or
- Fracture of any body part.
Substantial bodily harm may be required for assault 2 but not assault 3. If you are charged with assault in the second degree, but the alleged victim’s injuries are only minor, we can argue that you have been overcharged and that your charges should be reduced to assault in the third-degree or lower.
How the Identity of Alleged Victims Affects Assault 2 and 3 Charges in Washington
While assault 2 may be charged involving almost any kind of victim, assault 3 may be charged when very specific victims are involved regardless of the harm they allegedly experience.
Assault in the Second Degree
There are no specific criteria regarding the defendant’s identity when it comes to assault in the second degree. A person may be convicted of assault 2 regardless of who the victim is as long as all other criminal elements are satisfied.
However, the statute for assault 2 specifically mentions that an assault of a mother that leads to substantial bodily harm of an “unborn quick child” will be charged as assault 2.
Assault in the Third Degree
When certain people are assaulted, a person may be charged with assault in the third-degree regardless of how much harm they caused. Even minor injuries may lead to assault 3 charges, depending on the victim’s identity.
A defendant may be charged with assault 3 if they assault any of the following people while they are performing official duties:
- Transit operators
- School bus drivers
- Firefighters
- Law enforcement officers
- Peace officers
- Nurses, doctors, or other health care providers
- Judicial officers and court employees
- Anyone in a courtroom, jury room, judge’s chambers, or waiting area or hallway immediately adjacent to such locations
How Are Assault 2 and 3 Charges Graded?
Assault 2 is a Class B felony or, with a finding of a sexual motivation, a Class A felony. A Class B felony is punishable by a prison term of up to 10 years, a fine of $20,000, or both. A Class A felony is one of the most serious crimes on the books and carries a maximum prison term of life, a fine of $50,000, or both.
Assault 3 is a Class C felony punishable by up to 5 years in prison, a $10,000 fine, or both.
Can Prosecutors Upgrade to Assault 2 Charges if They Already Charged You with Assault 3?
Prosecutors can amend the charges to upgrade assault 3 to assault 2, but they must follow strict court procedures. You must be made aware of the new charges and given time to build a proper defense. Prosecutors cannot upgrade charges at the last minute, leaving you with no legal strategy to defend yourself. Not only that, but there must be new evidence to support upgraded charges.
Ask Our Washington Assault Defense Attorneys for Help Immediately
Contact our University Place, WA criminal defense lawyers for a confidential case evaluation by calling the Law Offices of Smith & White at (253) 203-1645.