Washington Domestic Violence Related Crimes.

In Washington State, any criminal charge may be labeled as a DV case if it fits the legal definition of Domestic Violence.

Some charges are more common as Washington DV crimes. The following crimes are ones we often see charged as domestic violence.

Assault

In Washington, Assault is defined as an intentional touching of another person that is harmful or offensive regardless of whether any physical injury is caused. A touching is considered offensive if it would offend an ordinary person who is not unduly sensitive.

An assault can also be an act done with unlawful force and the intent to create an apprehension and fear of bodily injury which does in fact create in another a reasonable apprehension and imminent fear of bodily injury (even if there was no intent to actually inflict bodily injury).

Assaults are defined by three degrees with various levels of severity and punishment:

4th Degree Assault – RCW 9A.36.041. Assault in the 4th Degree is a gross misdemeanor and is defined as an assault under circumstances not amounting to assault in the first, second, or third degree, or custodial assault.

Assault in the 4th Degree is sometimes referred to as "simple assault," although Washington DV law does not use this description. A person can (and often is) charged with assault 4th degree even if the alleged "assault" is very minor and there are no marks or injuries.

3rd Degree Assault – RCW 9A.36.031. Assault in the 3rd Degree is a Class C Felony. For purposes of a Washington DV charge, Assault in the 3rd Degree is typically defined as causing, with criminal negligence, bodily harm to another person by means of a weapon or other instrument or thing likely to produce bodily harm; or, causing, with criminal negligence, bodily harm accompanied by substantial pain that extends for a period sufficient to cause considerable suffering.

2nd Degree Assault – RCW 9A.36.021. Assault in the 2nd Degree is a Class B Felony (unless with a sexual motivation – then Class A). Assault in the 2nd Degree is defined as: an intentional assault of another that recklessly inflicts substantial bodily harm; or, intentionally causing substantial bodily harm to an unborn child by intentionally and unlawfully inflicting any injury upon the mother; or, assault with a deadly weapon; or, with intent to inflict bodily harm causing someone to take poison; or, assaulting another with intent to commit a felony; or, knowingly inflicting bodily harm which by design causes such pain or agony as to be the equivalent of that produced by torture.

1st Degree Assault – RCW 9A.36.011. Assault in the 1st Degree is a Class A Felony and is defined as, with intent to inflict great bodily harm; assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or death; or administers, exposes, or transmits to or causes to be taken by another, poison, the human immunodeficiency virus, or any other destructive or noxious substance; or assaults another and inflicts great bodily harm.

Harassment – RCW 9A.46.020

Washington Harassment is defined as to knowingly and unlawfully threaten (when by words or conduct it places the person threatened to reasonably fear that the threat will be carried out) to:

(1) cause bodily injury in the future to another person; or

(2) cause physical damage to another person's property; or

(3) subject another person to physical confinement or restraint; or

(4) maliciously to do any act which is intended to substantially harm another person with respect to his or her physical or mental health or safety.

Harassment is a gross misdemeanor unless the following circumstances apply which make it a Class C Felony: There is a previous conviction for harassment of the same victim, victim’s family or household member, or any person named in a no contact or no harassment order; or the threats are to kill the person threatened or any other person.

Interfering with Reporting Domestic Violence  -- RCW 9A.36.150

This Washington DV crime is committed when a person commits a crime of domestic violence and prevents or attempts to prevent the victim or a witness to that domestic violence crime from calling a 911 emergency communication system, obtaining medical assistance, or making a report to any law enforcement official.

Malicious Mischief – RCW 9A.48.070;  9A.48.080; 9A.48.090

In Washington, a person is guilty of malicious mischief if he or she knowingly and maliciously causes physical damage to the property of another.

Malicious Mischief in the 1^st Degree:  Damage amount exceeding one thousand five hundred dollars – Class B Felony. 

Malicious Mischief in the 2^nd Degree:  Damage amount exceeds two hundred and fifty dollars – Class C Felony.

Malicious Mischief in the 3^rd Degree:  If damages under fifty dollars – misdemeanor.  If damages over fifty dollars – gross misdemeanor.

Violation of A No Contact Order – See No Contact Orders.