Assault refers to the wrong act of causing someone to reasonably fear imminent harm. This means that the fear must be something a reasonable person would foresee as threatening to them. Battery refers to the actual wrong act of physically harming someone.
Three definitions of assault have been recognized by Washington courts: (1) an attempt, with unlawful force, to inflict bodily injury upon another; (2) an unlawful touching with criminal intent; and (3) putting another in apprehension of harm whether or not the actor actually intends to inflict or is incapable of ...
Battery charges are essentially when threats are carried out, and a physical attack occurs. In Washington, assault charges cover the threat of force as well as the actual use of force. So, if you enact these offenses, you'll be subject to assault charges, whether a “battery” occurred or not.
(b) An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years.
In Washington, battery falls under the umbrella of assault crimes. It is not treated as a different crime like other states do. Battery is a criminal offense that involves the intentional and unlawful application of force or physical contact upon another person without their consent.
Class C Assault The lowest form of assault is considered a Class C Misdemeanor. The highest penalty one can receive for a Class C Misdemeanor assault is a fine that can be no higher than $500.
While it may seem a bit backwards to some people, the lower the degree of an offense (1st Degree, 2nd Degree, or 3rd Degree), the more serious charges. Likewise the higher the degree (4th Degree or 5th Degree) means the offense is of a less serious nature.
Aggravated criminal battery is treated as a felony offense in Washington State, with penalties depending on the degree of assault. First-degree assault, a Class A felony, carries the most severe penalties, including: Up to life imprisonment.
Misdemeanor Cases Examples of simple misdemeanors are simple possession of marijuana, shoplifting, and disorderly conduct. A simple misdemeanor carries penalties of up to 90 days in jail and fines of up to $1,000.