Child Abuse Defense Attorney

Washington Law on Assault of a Child

In Washington, Assault of a Child is a serious offense. Anyone who’s 18 years or older and harms a child 13 years old or younger can be charged with this crime. The severity of the charge typically depends on the circumstances of the assault, the intent of the person committing it, and the extent of the resulting injuries.

The law generally classifies injuries to a child in one of three ways:

• Bodily harm: Physical pain, injury, illness, or impaired physical condition.
• Substantial bodily harm: Temporary but significant disfigurement, temporary but substantial loss of bodily function, or fracture of any body part.
• Great bodily harm: Injury creating a probability of death, significant permanent disfigurement, or significant permanent loss of bodily function.

The type of harm inflicted plays a central role in determining the degree of the charge and potential penalties.

Three Degrees of Assault of a Child Convictions

A defendant may be found guilty of assault of a child in the first degree if they:

• Assault the child with a firearm or other deadly weapon or by any means likely to produce great bodily harm or death.
• Expose the child to poison, HIV, or any other harmful substance.
• Assault the child and inflict great bodily harm.
• Intentionally assault the child and recklessly inflict great bodily harm.

The offense will also be classified as Assault of a Child in the First Degree if the defendant caused substantial bodily harm after having previously engaged in a pattern of assault that caused the child bodily harm greater than brief physical pain, minor temporary marks, or physical pain or agony equivalent to that produced by torture.

A person is guilty of assault of a child in the second degree if they:

• Intentionally assault a child and recklessly inflict substantial bodily harm.
• Intentionally and unlawfully cause substantial bodily harm to an unborn child seen or felt moving in utero by inflicting injury upon the mother.
• Assault a child with a deadly weapon.
• Administer poison or another harmful substance to the child.
• Knowingly inflict bodily harm that causes such pain or agony as to be the equivalent of that produced by torture.
• Assault a child by strangulation or suffocation.
• Intentionally assault the child and cause bodily harm greater than brief physical pain or minor temporary marks.

Lastly, a person is guilty of assault of a child in the third degree if they cause bodily harm to a child:

• By means of a weapon or other instrument.
• Accompanied by substantial pain that extends for a period sufficient to cause considerable suffering.

A person acts with criminal negligence if they “fail to be aware of a substantial risk that a wrongful act may occur,” and their failure in this regard “constitutes a gross deviation from the standard of care that a reasonable person would exercise in the same situation.”

Penalties for a Conviction for Assault of a Child

A conviction for Assault of a Child carries severe penalties, which vary according to the degree of the offense. It’s important to note that these are the maximum penalties — actual sentences are usually lower.

• First degree (Class A felony): Life in prison and a $50,000 fine.
• Second degree (Class B felony): 10 years in prison and a $20,000 fine.
• Third degree (Class C felony): 5 years in prison and a $10,000 fine.

The severity of the sentences often depends on factors such as prior criminal record and number of incidents. Aggravating factors (such as using a weapon) can also increase penalties.

Every case is unique. The specific circumstances of your situation will significantly impact the potential consequences. That's why having experienced legal representation is vital for navigating these complex cases.

Other Consequences of a Conviction for Child Abuse

A conviction for child abuse has far-reaching impacts beyond prison time and fines. The consequences can include permanent loss of custody or visitation rights with your own children, loss of professional licenses and career opportunities, severe housing restrictions, and lasting damage to personal relationships. Many of these effects persist long after completing any sentence, creating lifelong barriers to rebuilding your life. This makes mounting a strong defense essential from the very beginning of your case.