Washington criminal charge
Assault in the second degree in Washington
Assault in the second degree is a criminal offense under Washington law, defined by RCW 9A.36.021. Its classification is not fixed: Washington assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by RCW 9A.36.021.
What is the penalty for assault in the second degree in Washington?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 10 years (Second degree assault (general) — Assault in the second degree under any of the circumstances in subsection (1) is a class B felony, except where sexual motivation is found.; statutory maximum (RCW 9A.20.021(1)(b)); the sentence actually imposed is set by the Sentencing Reform Act standard range (RCW 9.94A.510) from the offense's seriousness level and the defendant's offender score) | discretionary | RCW 9A.20.021 |
| Fine | up to $20,000 (Second degree assault (general) — Assault in the second degree under any of the circumstances in subsection (1) is a class B felony, except where sexual motivation is found.; statutory maximum, adult offenders (RCW 9A.20.021(5)); unless a different maximum is specifically established by statute) | discretionary | RCW 9A.20.021 |
| Jail / prison | Second degree assault with sexual motivation finding — Assault in the second degree is a class A felony when there is a finding of sexual motivation under RCW 9.94A.835 or 13.40.135.; a maximum term of life imprisonment (RCW 9A.20.021(1)(a)); the sentence actually imposed is set by the Sentencing Reform Act standard range (RCW 9.94A.510) from the offense's seriousness level and the defendant's offender score | discretionary | RCW 9A.20.021 |
| Fine | up to $50,000 (Second degree assault with sexual motivation finding — Assault in the second degree is a class A felony when there is a finding of sexual motivation under RCW 9.94A.835 or 13.40.135.; statutory maximum, adult offenders (RCW 9A.20.021(5)); unless a different maximum is specifically established by statute) | discretionary | RCW 9A.20.021 |
Applies to crimes committed on or after July 1, 1984.
How is assault in the second degree classified in Washington?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Second degree assault (general) | Class B Felony | Assault in the second degree under any of the circumstances in subsection (1) is a class B felony, except where sexual motivation is found. | RCW 9A.36.021(2)(a) |
| Second degree assault with sexual motivation finding | Class A Felony | Assault in the second degree is a class A felony when there is a finding of sexual motivation under RCW 9.94A.835 or 13.40.135. | RCW 9A.36.021(2)(b) |
Common questions about assault in the second degree in Washington
Is assault in the second degree a felony or a misdemeanor in Washington?
It depends on the circumstances: assault in the second degree ranges from a Class B Felony to a Class A Felony in Washington under RCW 9A.36.021.
Second degree assault (general): Class B Felony (RCW 9A.36.021(2)(a)) · Second degree assault with sexual motivation finding: Class A Felony (RCW 9A.36.021(2)(b))
What are the penalties for assault in the second degree in Washington?
Penalties for assault in the second degree in Washington depend on how it is classified — from a Class B Felony up to a Class A Felony — with the ranges set by RCW 9A.20.021; the full table of ranges by variant is published on this page.
Which Washington statute covers assault in the second degree?
Assault in the second degree is governed by RCW 9A.36.021 (Assault in the second degree).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.