Assault vs. Self Defense - Knowing the Difference
In Washington State, fourth-degree assault is the most common assault charge. According to Washington State law code 9A.36.041, “a person is guilty of assault in the fourth degree if, under circumstances not amounting to assault in the first, second, or third degree, or custodial assault, he or she assaults another.” Compared to assaults in the first, second, and third degree, fourth degree assaults are classified as a gross misdemeanor and carry less punishment.
Can Self-Defense Defend Against Assault Charges?
Simply put, self-defense can be a viable defense strategy for any assault charge, but it is recommended that you discuss this strategy with an attorney.
The Washington State Legislature states that “no person in the state shall be placed in legal jeopardy of any kind whatsoever for protecting by any reasonable means necessary, himself or herself, his or her family, or his or her real or personal property, or for coming to the aid of another who is in imminent danger of or the victim of assault, robbery, kidnapping, arson, burglary, rape, murder, or any other violent crime as defined in RCW 9.94A.030”
When a judge is deciding if self-defense is applicable, the judge will consider the following yes or no questions and answer under the special verdict subsection
Was the finding of not guilty based upon self-defense?
If your answer to question 1 is no, do not answer the remaining questions
If your answer to question 1 is yes, was the defendant:
Protecting himself or herself?
Protecting his or her family?
Protecting his or her property?
Coming to the aid of another who was in imminent danger of a heinous crime?
Coming to the aid of another who was the victim of a heinous crime?
Engaged in criminal conduct substantially related to the events giving rise to the crime with which the defendant is charged?
Similarly, if the issue of self-defense were submitted to a jury, and the jury had found the defendant not guilty, the jury would return a special verdict using the previous questions.
Being Criminally Charged? What Are My Next Steps?
For anyone facing assault charges, it is important to understand the complexity of the legal system. Contact the experts at Verity Criminal Defense to request a free case review. We will help you review the evidence, mitigate potential consequences, and plan your legal defense. Give us a call at (425) 905-2908 to find out where you stand and the next steps in creating your defense strategy.