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Injury isn’t necessary for Washington assault charges

On Behalf of | Sep 19, 2024 | Criminal Defense

Some people in Washington have an inaccurate idea about what constitutes assault. They may assume that assault charges are possible in scenarios where one person causes physical injuries to another. Therefore, if a confrontation or other altercation does not result in noticeable injury, they may assume they can use that fact as part of a defense strategy.

An absence of lasting injuries does not automatically mean that an assault did not occur. While certain types of assault charges typically require substantial bodily injury, lasting physical harm is not necessary for the state to justify prosecuting someone for assault. In cases where the allegedly wronged party walked away from an incident without any major injuries, prosecutors can still potentially bring charges against those involved in the incident.

Causing harm isn’t just about injury

Washington assault statutes go into great detail about a variety of different scenarios that can warrant different degrees of charges. Situations involving grievous bodily injury or deadly weapons tend to produce the most significant charges and put people at risk of the most severe penalties.

However, injuries aren’t technically necessary for state prosecutors to justify assault charges. Physical contact intended to offend someone can be sufficient reason to charge an individual with assault. If other reasonable people find the physical contact offensive, it may be grounds for assault charges.

If one person touches another in a way intended to humiliate them or violate the precepts of their religion, that behavior could constitute assault. Someone engaging in unwanted intimate touching or other forms of offensive physical contact can face assault charges even though their actions did not cause physical harm.

The justification for the assault charges an individual faces influences the way their lawyer chooses to defend them in court. It may be possible to provide an alternate explanation for seemingly offensive behavior or raise questions about the identity of the person who committed the assault.

Learning about state law and reviewing the prosecutor’s evidence with a skilled legal team can be beneficial for those accused of assault offenses in Washington. State laws protect people from inappropriate and offensive physical contact, not just attempts to cause significant physical injury.