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Washington statute

RCW 9A.36.041 — Assault in the fourth degree

Current through 2026 Regular Session

Part of Chapter 9A.36: Assault—Physical Harm, Revised Code of Washington.

Criminal charges under this statute

Full text of RCW 9A.36.041

Statutory text current through the 2026 Regular Session. This publication reproduces the official text of the Revised Code of Washington from the Code Reviser's published files; it is not the official statutes of the State of Washington.

RCW 9A.36.041Primary source, current through the 2026 Regular Session
(1) A person is guilty of assault in the fourth degree if, under circumstances not amounting to assault in the first, second, or third degree, or custodial assault, he or she assaults another. (2) Assault in the fourth degree is a gross misdemeanor, except as provided in subsection (3) of this section. (3)(a) Assault in the fourth degree occurring after July 23, 2017, and before March 18, 2020, where domestic violence is pleaded and proven, is a class C felony if the person has two or more prior adult convictions within ten years for any of the following offenses occurring after July 23, 2017, where domestic violence was pleaded and proven: (i) Repetitive domestic violence offense as defined in RCW 9.94A.030; (ii) Crime of harassment as defined by RCW 9A.46.060; (iii) Assault in the third degree; (iv) Assault in the second degree; (v) Assault in the first degree; or (vi) A municipal, tribal, federal, or out-of-state offense comparable to any offense under (a)(i) through (v) of this subsection. For purposes of this subsection (3)(a), "family or household members" for purposes of the definition of "domestic violence" means spouses, domestic partners, former spouses, former domestic partners, persons who have a child in common regardless of whether they have been married or have lived together at any time, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, and persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship. "Family or household member" also includes an "intimate partner" as defined in RCW 10.99.020. (b) Assault in the fourth degree occurring on or after March 18, 2020, where domestic violence against an "intimate partner" as defined in RCW 10.99.020 is pleaded and proven, is a class C felony if the person has two or more prior adult convictions within ten years for any of the following offenses occurring after July 23, 2017, where domestic violence against an "intimate partner" as defined in RCW 10.99.020 or domestic violence against a "family or household member" as defined in (a) of this subsection was pleaded and proven: (i) Repetitive domestic violence offense as defined in RCW 9.94A.030; (ii) Crime of harassment as defined by RCW 9A.46.060; (iii) Assault in the third degree; (iv) Assault in the second degree; (v) Assault in the first degree; or (vi) A municipal, tribal, federal, or out-of-state offense comparable to any offense under (b)(i) through (v) of this subsection.

Official sources

Legal terms used in this section

Questions this section answers

Is assault in the fourth degree a felony or a misdemeanor in Washington?

It depends on the circumstances: assault in the fourth degree ranges from a Gross Misdemeanor to a Class C Felony in Washington under RCW 9A.36.041.

Assault in the fourth degree — base offense: Gross Misdemeanor (RCW 9A.36.041(2)) · Assault in the fourth degree — domestic violence, prior offenses (2017-2020 window): Class C Felony (RCW 9A.36.041(3)(a)) · Assault in the fourth degree — domestic violence against intimate partner, prior offenses (on/after March 18, 2020): Class C Felony (RCW 9A.36.041(3)(b))

Which Washington statute covers assault in the fourth degree?

Assault in the fourth degree is governed by RCW 9A.36.041 (Assault in the fourth degree).

This reference is informational and is not legal advice.