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

This calculator provides educational information only and is not legal advice. Assault 4 sentencing involves judicial discretion, case-specific factors, and prosecutorial decisions. Always consult with a qualified Washington criminal defense attorney for your specific situation.

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

CaseDVRepeatVictimClassMax JailFine
StandardNoNoGeneralGross Misdemeanor364 days$5,000
DVYesNoGeneralGross Misdemeanor364 days$5,000
Repeat DVYesYesGeneralClass C Felony60 months$10,000
Protected VictimNoNoOfficerClass C Felony60 months$10,000

Important Disclaimers

  • โš Assault 4 is typically a gross misdemeanor punishable by up to 364 days in jail and a $5,000 fine.
  • โš 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.).
  • โš 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.
  • โš Judges have discretion to impose any sentence up to the statutory maximum, including probation, suspended sentences, or jail time.
  • โš First-time offenders may be eligible for deferred prosecution, pre-trial diversion, or other alternatives to conviction.
  • โš 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

Assault in the Fourth Degree under RCW 9A.36.041 is typically classified as a gross misdemeanor in Washington State, punishable by up to 364 days in jail and a fine up to $5,000. However, Assault 4 is elevated to a Class C felony under two circumstances: 1. Repeat Domestic Violence: If the defendant has a prior domestic violence conviction within the past 10 years (RCW 9A.36.041(3)(b)), the charge becomes a Class C felony punishable by up to 5 years (60 months) in prison and a $10,000 fine. 2. Protected Victim: If the victim is a law enforcement officer, firefighter, healthcare provider (nurse, doctor, EMT), transit operator, or other protected official acting in their official capacity (RCW 9A.36.041(3)(a)), the offense is a Class C felony. Assault 4 typically involves intentionally touching or striking another person in a harmful or offensive manner, or criminal negligence with a weapon causing bodily harm. It is the least serious assault charge in Washington law. A domestic violence designation does not increase the maximum sentence but triggers additional consequences including firearm prohibitions under federal law (18 USC ยง 922(g)(9)), mandatory no-contact orders, and required treatment programs per RCW 10.99.040.

How to Use This Calculator

  1. 1
    Select 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).
  2. 2
    Indicate 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.
  3. 3
    Choose 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.
  4. 4
    Calculate Classification: Click "Calculate Classification" to see the offense classification, maximum penalties, and applicable legal consequences.
  5. 5
    Review Results: The calculator shows the classification (gross misdemeanor or felony), maximum jail time, maximum fine, DV effects (if applicable), and legal references.

Important Notes

  • โ€ข
    Assault 4 is a gross misdemeanor by default (up to 364 days jail, $5,000 fine).
  • โ€ข
    It 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.
  • โ€ข
    The domestic violence designation does not increase maximum jail time but adds mandatory firearm prohibition, no-contact orders, and treatment requirements.
  • โ€ข
    Assault 4 does not use the Sentencing Reform Act grid as a gross misdemeanor. Judges have discretionary sentencing within statutory maximums.
  • โ€ข
    If charged as a Class C felony, sentencing follows the presumptive range on the Washington sentencing grid based on the defendant's offender score.
  • โ€ข
    Protected victims include law enforcement officers, firefighters, healthcare workers (nurses, doctors, EMTs), transit operators, judicial officers, and corrections employees acting in their official capacity.
  • โ€ข
    First-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.
  • โ€ข
    Even 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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