Juvenile assault charges in Washington State are often filed after a serious fight. Juvenile Court prosecutors can file charges, even if the alleged victim does not want to press charges.
Additionally, it is not uncommon for juveniles to be charged with a felony assault crime that is too serious, given the facts of the case. With early representation from a juvenile attorney, your child will have the best opportunity to avoid the life changing consequences that can result from a felony assault conviction.
What are the levels of seriousness for juvenile assault charges in WA State?
1st Degree Assault is normally charged when a permanent injury or deformity results from an assault. If the juvenile is 16 or 17 years old, a hearing is required to determine if the minor should be charged as an adult. Assault 1 is a Class A felony, which is the most serious type of felony.
2nd Degree Assault is typically charged when a “serious” injury results from an alleged assault. A broken bone could be considered a serious injury. If the assault involved a weapon or hands to the throat, no injury needs to have occurred. If the accused person is 17 years old, a hearing would automatically be held to determine if he or she should be tried as an adult. Assault 2 is a Class B felony.
3rd Degree Assault is normally charged if there are allegations of assaulting a police officer or causing harm to a person while they are conducting certain public service professions (bus driver, firefighter, court employee, healthcare employee, etc.). This charge can also be filed if there are accusations of criminal negligence, resulting in physical suffering for an extended period of time. If the negligence involved a weapon, the assault would not need to result in physical suffering. Assault 3 is a Class C felony, which is the least serious felony charge.
4th Degree Assault charges are typically filed if there are no “serious” injuries. Assault 4 is a gross misdemeanor, which is the most serious non-felony charge. Assault 4 with sexual motivation is technically not a sex crime. However, the court can require an evaluation with a sex offender therapist. Depending on the result of the evaluation, the court can order treatment.
When will a juvenile be charged as an adult for assault?
Prosecutors in the courts of King, Snohomish, Pierce, Thurston, & Kitsap County will often try to transfer a felony juvenile assault charge to adult court, where the penalties are more severe. Being charged as an adult is more likely if:
- The alleged assault resulted in a serious injury (Assault 1 or Assault 2)
- The teen has reached the age of 16
- The teen is close to turning 18
- A weapon was believed to be involved in the assault
- There are allegations of sexual motivation
- The juvenile has a prior criminal record (especially a felony)
How should a juvenile assault charge be defended in Washington?
Your teen may have been acting in self-defense or protecting another person during the alleged assault. We also see cases where law enforcement is relying on witness accounts that are inconsistent and lack credibility. Regardless of what happened, your child deserves to have their future protected with the best possible outcome.
At Beckwith Juvenile Law, we have a proven track record for keeping felony assault cases in Juvenile Court, where the outcomes are normally much more favorable. We have law offices in Seattle & Tacoma, and we also represent juveniles in Puget Sound areas that include Bellevue, Everett, Kent, Olympia, Bremerton, & Puyallup.
You can call us any day of the week (including after-hours) for a free consultation.