Why You Are Charged With Assault But Not Battery in Washington State

If you have been involved in a physical altercation in Washington State, you might be confused when you read your charging documents. In many other parts of the United States, 'assault' means threatening someone, and 'battery' means actually hitting them. However, Washington State law consolidates both of these concepts into a single criminal charge: Assault. Understanding how this unique legal structure works is critical to navigating the local court system and defending your rights.

Because the definitions of assault here are broad and complex, attempting to decipher the statutes without professional help is highly risky. We strongly recommend that you seek the guidance of a qualified criminal defense attorney. You can easily find an experienced local lawyer in our US Lawyers Directory to review the evidence and build a strong defense strategy tailored to your situation.

How Washington State Defines Assault and Battery

Unlike some states that clearly define assault within their written statutes, Washington relies on common law (decisions made by judges over decades) to define what constitutes an assault. The criminal code, found primarily in Title 9A, lists the degrees of assault, but case precedents like State v. Villanueva-Gonzalez, 180 Wash. 2d 975 (WA Supreme Court 2014) explicitly define the three different ways a person can commit this crime in Washington. Whether you are in Seattle, Tacoma, or Bellevue, the courts recognize these three distinct definitions.

Assault by Actual Battery (Unconsented Touching)

This is what most people traditionally think of as 'battery.' Under Washington common law, assault by actual battery occurs when you intentionally touch or strike another person in a way that is harmful or offensive. It does not matter if the physical contact leaves a bruise or causes an injury; the mere act of offensive, unconsented touching is enough. A shove during an argument, spitting on someone, or throwing a drink in their face all meet the legal threshold for an assault charge.

Assault by Attempted Battery

You can still be convicted of assault even if you never actually touch the other person. If you attempt to strike someone but miss, Washington law treats this as an assault. The prosecution must prove that you had the specific intent to physically harm or touch the victim offensively, and that you took a substantial step toward doing so. For example, if you swing a punch at someone in a bar but they duck out of the way, you have committed assault by attempted battery.

Assault by Apprehension

The third definition involves creating fear. If you act in a way that intentionally creates a reasonable fear or apprehension of immediate physical harm in another person, you have committed an assault. The key word here is 'immediate.' If you raise a fist and lunge at someone, making them flinch or believe they are about to be hit right then and there, it is an assault. Simply saying 'I am going to beat you up tomorrow' generally does not meet the immediate apprehension requirement.

Criminal Charges vs. Civil Lawsuits in Washington

While the state does not use the word 'battery' in criminal court, the distinction between assault and battery still exists in civil court. It is important to understand the difference between facing a criminal prosecutor and being sued by an individual.

Criminal Assault in State Court

When the police arrest you, the state files criminal charges. You will face a prosecutor in a court such as the King County District Court, Seattle or the Pierce County Superior Court, Tacoma. The goal of a criminal case is to punish you for violating state laws (e.g., Wash. Rev. Code § 9A.36.041). Penalties include jail time, probation, and mandatory fines. The victim does not 'press charges'-the state does.

Civil Assault and Battery

In civil law, assault and battery are considered 'intentional torts.' The victim can file a private lawsuit against you in civil court to seek financial compensation for their injuries, medical bills, and emotional distress. In a civil lawsuit, 'assault' is the threat of harm, and 'battery' is the actual physical strike. You can be found not guilty in criminal court, but still be successfully sued for civil battery because the burden of proof in civil cases (preponderance of the evidence) is much lower than in criminal cases (beyond a reasonable doubt).

Typical Penalties and Court Costs for Assault

Because there is no separate battery charge, the severity of your assault charge in Washington dictates your potential penalties. Here is an overview of what to expect financially and legally.

In addition to court fines, you will likely face significant expenses for legal representation, probation fees, and potential restitution payments to the victim.

How Long Does the Criminal Process Take?

A standard Fourth-Degree Assault case tried in a local district or municipal court typically takes between 3 to 6 months to resolve. If you are charged with a felony assault (First, Second, or Third Degree), your case will be heard in a Superior Court, and the timeline can easily stretch from 8 months to over a year, depending on the complexity of the evidence and the court's trial schedule.

Frequently Asked Questions (FAQ)