45+ Years
Of Combined Experience
Any assault charge can derail your life in an instant. The accusation alone is frightening, and the stakes are incredibly high. A single incident, even a misunderstanding, can lead to severe and long-term consequences that affect your freedom, your family, and your future. In this critical moment, your first and most important step is to secure experienced legal representation. The calm, strategic guidance of a dedicated defense attorney can make all the difference.
In Washington State, an assault is broadly defined as any intentional, unwanted touching of another person that is harmful or offensive. It can also be an act intended to create fear of imminent physical harm. Crucially, actual physical injury is not always required for an act to be considered assault.
Situations that begin as simple misunderstandings, heated arguments, or even schoolyard fights can quickly escalate into serious criminal allegations. Washington law distinguishes between simple assault, which is a gross misdemeanor, and felony assault, which involves more significant harm and/or aggravating factors, leading to more severe penalties.
Washington law categorizes assault into four distinct degrees, each with its own legal definition and potential consequences.
The most serious level, involving the intent to inflict great bodily harm, often involves a firearm. (RCW 9A.36.011)
A felony involving intentional assault with a deadly weapon or actions like strangulation or suffocation. (RCW 9A.36.021)
A felony charge that often involves assault against specific protected professionals like police officers or transit operators. (RCW 9A.36.031)
A gross misdemeanor, this is the most common assault charge, involving unwanted touching or harm. (RCW 9A.36.041)
A conviction for any degree of assault can have a lasting negative impact. The prosecution will aggressively pursue penalties that can disrupt your entire life. Depending on the specifics of your case, you could be facing:
From days/months in county jail to years in state prison.
Court-ordered anger management and/or domestic violence treatment programs.
A felony conviction results in the permanent loss of your right to own firearms.
A conviction can create barriers to employment, housing, and educational opportunities.
Financial penalties can create a substantial burden for you and your family.
Facing the power of the state alone is an overwhelming prospect. At Will & Will, we level the playing field. We provide the calm, strategic, and aggressive defense you need to protect your rights and your future. Our approach involves:
When you choose Will & Will, you benefit from the combined insight of a husband and wife legal team with extensive experience in assault defense. We work together on every case, examining the evidence from multiple perspectives and crafting a defense strategy tailored to the specific circumstances of your charges. Our collaborative approach means your case receives twice the legal expertise and strategic analysis.
Assault allegations require careful, thorough representation. We intentionally limit our caseload to ensure every client receives the focused attention these charges demand. This commitment allows us to invest the time needed to investigate every detail, challenge the prosecution’s evidence, and build the strongest possible defense for your future and freedom.
With over 45 years of combined experience in criminal defense across California and Washington State, we have successfully defended clients facing all types of assault charges. We understand the serious consequences these allegations carry and fight aggressively for dismissals, charge reductions, and acquittals. Whether negotiating favorable pre-trial resolutions
or defending you at trial, we bring the skill and determination needed to protect your rights and your record.
The facts of every case are unique, but a strong defense often relies on proven legal strategies. Our deep experience with Washington’s assault laws allows us to build a powerful case for you. Common defenses we utilize include:
Arguing that your actions were necessary to protect yourself or others from imminent harm.
Exposing motives for an accuser to lie and/or demonstrating a history of false claims.
Proving that any contact was accidental and not intended to be harmful or offensive.
Arguing that the prosecution cannot meet the high burden of proving guilt beyond a reasonable doubt.
Demonstrating that the incident was a consensual fight, which can be a defense to certain assault charges.
Assault 4 is a gross misdemeanor, typically involving unwanted touching, with or without a minor injury. Assault 2 is a serious felony, often charged when there is “substantial bodily harm,” strangulation, or when a deadly weapon is used. The penalties for Assault 2 are significantly more severe.
Not necessarily. Once the police are involved, the decision to file charges rests with the prosecutor’s office, not the alleged victim. While more challenging, the prosecutor can often proceed with a case even if the accuser recants or refuses to cooperate.
Self-defense is a powerful legal argument, but it is an “affirmative defense,” meaning we must present evidence to prove your actions were reasonable and necessary. Simply stating you acted in self-defense is not enough; it must be strategically proven in court.
Do not speak to the police or anyone else about the incident. Anything you say can and will be used against you. Politely decline to answer questions and state that you wish to speak with an attorney. Contacting a defense lawyer immediately is the most important step you can take.
An assault accusation is a serious threat to your freedom and reputation. You do not have to face it alone. The experienced and compassionate attorneys at Will & Will are ready to stand by your side, protect your rights, and fight for the best possible outcome.