Legal Question in Criminal Law in Washington
Assault 2nd degree
Is a red eye (the white part) considered severe bodily damage, and enough to charge as a 2nd degree assault instead of 4th degree? Original charge was 4th degree and then they recharged as 2nd degree. Thanks!
1 Answer from Attorneys
Re: Assault 2nd degree
I have not read the statute recently but I believe assault 2 only requires the risk of severe bodily injury which the case law is clear--any strike to the head risks severe bodily injury. You will not be able to convince a Judge to change the charge. However, you can argue to the jury, who rely exclusively on common sense and not the law, that it isn't assault 2. You can also propose a lesser included offense of assault 4. Who is your lawyer? They should tell you all of this. If you need assistance on the case contact me directly.
At your service,
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