Legal Question in Criminal Law in Washington

State of Washington - What is 2nd Degree Assault?

An employee was arrested for 2nd degree asault against his wife? What type of threat/injuries etc would this have encompassed?


Asked on 10/26/07, 4:46 pm

1 Answer from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

Re: State of Washington - What is 2nd Degree Assault?

Washington State has mandatory arrest on DV calls. So, don't jump to any conclusions because the employee was arrested. Once the police were involved, one of them were going to be arrested and it is the man the vast majority of times.

To answer your question: (1) A person is guilty of assault in the second degree if he or she,

under circumstances not amounting to assault in the first degree:

(a) Intentionally assaults another and thereby recklessly inflicts

substantial bodily harm; or

(b) Intentionally and unlawfully causes substantial bodily harm to an

unborn quick child by intentionally and unlawfully inflicting any injury

upon the mother of such child; or

(c) Assaults another with a deadly weapon; or

(d) With intent to inflict bodily harm, administers to or causes to be

taken by another, poison or any other destructive or noxious substance; or

(e) With intent to commit a felony, assaults another; or

(f) Knowingly inflicts bodily harm which by design causes such pain or

agony as to be the equivalent of that produced by torture.

(2)(a) Except as provided in (b) of this subsection, assault in the

second degree is a class B felony.

At your service,

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Answered on 10/27/07, 4:53 pm


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