Washington Assault 4 Sentencing Calculator (RCW 9A.36.041)
Understand Penalties and Classification for Assault in the Fourth Degree. Learn about the penalties for Assault 4 in Washington State, including when it is a gross misdemeanor versus a Class C felony, and how domestic violence affects the charge.
Last updated: 2025-10-21 โ Compiled and reviewed by Calvin (Legal Research, FreeCalculators.app)
Legal Disclaimer
Assault 4 is typically a gross misdemeanor under RCW 9A.36.041. It may be elevated to a Class C felony if the defendant has two or more prior domestic violence convictions within 10 years, or if the victim is a protected person (law enforcement officer, firefighter, healthcare worker, etc.).
Assault 4 Classification Scenarios
| Case | DV | Repeat | Victim | Class | Max Jail | Fine |
|---|---|---|---|---|---|---|
| Standard | No | No | General | Gross Misdemeanor | 364 days | $5,000 |
| DV | Yes | No | General | Gross Misdemeanor | 364 days | $5,000 |
| Repeat DV | Yes | Yes | General | Class C Felony | 60 months | $10,000 |
| Protected Victim | No | No | Officer | Class C Felony | 60 months | $10,000 |
Important Disclaimers
- โ Assault 4 is typically a gross misdemeanor punishable by up to 364 days in jail and a $5,000 fine.
- โ It becomes a Class C felony (up to 5 years / 60 months in prison and $10,000 fine) if: (1) it involves a repeat domestic violence offense within 10 years, or (2) the victim is a protected person (law enforcement officer, firefighter, nurse, transit operator, etc.).
- โ A domestic violence designation does not increase the maximum jail time but adds severe collateral consequences including firearm prohibition, no-contact orders, and mandatory treatment.
- โ Judges have discretion to impose any sentence up to the statutory maximum, including probation, suspended sentences, or jail time.
- โ First-time offenders may be eligible for deferred prosecution, pre-trial diversion, or other alternatives to conviction.
- โ This is an educational tool. Actual outcomes depend on case-specific facts, prior criminal history, mitigating factors, and prosecutorial discretion. Always consult a qualified attorney.
About Assault 4 in Washington State
How to Use This Calculator
- 1Select Domestic Violence Designation: Toggle on if the charge includes a domestic violence (DV) designation (typically when the victim is a family or household member under RCW 10.99.020).
- 2Indicate Repeat DV Offense: If the defendant has a prior DV conviction within the past 10 years, check this box. This elevates the charge from gross misdemeanor to Class C felony.
- 3Choose Victim Type: Select whether the victim is a general person, a protected official (law enforcement, firefighter, nurse, transit operator), or other protected status. Protected victims trigger felony classification.
- 4Calculate Classification: Click "Calculate Classification" to see the offense classification, maximum penalties, and applicable legal consequences.
- 5Review Results: The calculator shows the classification (gross misdemeanor or felony), maximum jail time, maximum fine, DV effects (if applicable), and legal references.
Important Notes
- โขAssault 4 is a gross misdemeanor by default (up to 364 days jail, $5,000 fine).
- โขIt becomes a Class C felony (up to 5 years / 60 months prison, $10,000 fine) if it involves a repeat DV offense within 10 years or a protected victim.
- โขThe domestic violence designation does not increase maximum jail time but adds mandatory firearm prohibition, no-contact orders, and treatment requirements.
- โขAssault 4 does not use the Sentencing Reform Act grid as a gross misdemeanor. Judges have discretionary sentencing within statutory maximums.
- โขIf charged as a Class C felony, sentencing follows the presumptive range on the Washington sentencing grid based on the defendant's offender score.
- โขProtected victims include law enforcement officers, firefighters, healthcare workers (nurses, doctors, EMTs), transit operators, judicial officers, and corrections employees acting in their official capacity.
- โขFirst-time offenders may be eligible for deferred prosecution (RCW 10.05), pre-trial diversion programs, or other alternatives that avoid a conviction on their record.
- โขEven without jail time, an Assault 4 conviction (especially with DV) has serious collateral consequences including firearm prohibition, immigration impact, and employment restrictions.
Frequently Asked Questions
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