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Assault and battery are terms people commonly use to describe violent or threatening conduct involving physical harm. In Washington state - including Tacoma - the law generally treats these behaviors under assault statutes. That means conduct that causes, or attempts to cause, harmful or offensive physical contact, or that creates a reasonable fear of imminent harm, can lead to criminal prosecution. Charges vary from lower-level misdemeanors to serious felonies depending on factors such as the extent of injury, use of a weapon, intent, and whether the victim was a protected person in a domestic relationship or a public safety worker.
You may need a lawyer if you are charged with assault, if you are a victim seeking protection or civil recovery, or if you are a witness caught up in a case. Lawyers help with several important tasks - protecting rights at arrest and court appearances, negotiating with prosecutors, evaluating defenses such as self-defense or lack of intent, gathering and preserving evidence, and representing clients at trial. An attorney can also advise on related matters like restraining orders, child custody impacts, immigration consequences, and criminal-record relief options.
Key local-law points to understand in Tacoma and Pierce County include:
- Statutory framework - Assault offenses in Washington are organized by degree and seriousness. Less serious assaults are handled as misdemeanors or gross misdemeanors, and more serious assaults - including those with serious injury or use of a deadly weapon - are felonies. The precise charge depends on elements proven by the prosecutor.
- Domestic violence and enhanced consequences - Assaults involving current or former intimate partners, household members, or people in certain protected relationships often carry enhanced consequences, automatic consideration for protective orders, and mandatory arrest or charging policies in some circumstances.
- Local courts - Misdemeanor and ordinance-level matters in Tacoma are often heard in Tacoma Municipal Court or Pierce County District Court. Felony assault cases proceed in Pierce County Superior Court. The Pierce County Prosecuting Attorney handles charging decisions for crimes that occur in the county, including Tacoma.
- Victim protections - Victims may pursue temporary protection orders, no-contact orders, and other remedies through local courts. Victim-witness services are available through the prosecutor office to explain rights, provide referrals, and assist with preparation for court.
- Civil remedies - In addition to criminal prosecution, victims can bring civil claims for assault and battery to recover medical costs, lost wages, pain and suffering, and sometimes punitive damages. Civil claims use a lower burden of proof than criminal cases.
- Record and collateral consequences - A conviction can lead to jail or prison time, fines, restitution, mandatory counseling or treatment, and collateral consequences such as loss of firearm rights, immigration risks, employment difficulties, and effects on professional licenses. Post-conviction relief or record-sealing options may be limited and fact-specific - consult an attorney.
In Washington legal practice, the term assault covers both threatening conduct and the actual harmful or offensive contact that some jurisdictions call battery. People still use the phrase assault and battery colloquially, but criminal charges will usually be framed as degrees of assault under state law.
Assault charges increase in seriousness based on factors such as intent, injuries, whether a weapon was used, and whether the victim is a protected class. Lesser assaults are prosecuted as misdemeanors or gross misdemeanors. More severe assaults that cause substantial injury, use a deadly weapon, or have aggravating circumstances are felonies with much harsher penalties.
Self-defense is a common and potentially viable defense if you reasonably believed the force used was necessary to prevent imminent harm to yourself or another. The success of that defense depends on the facts - including who started the confrontation, the proportionality of the response, and whether a reasonable person would have felt threatened. Talk with a lawyer about evidence that supports self-defense such as injuries, witnesses, and surveillance video.
If you or someone else is injured, seek medical care and document injuries. If safe, report the incident to Tacoma Police or the appropriate local law enforcement agency and obtain a copy of the police report. Preserve evidence - photos of injuries and the scene, clothing, messages, and witness contact information. Consider asking for a protective order if you fear further harm, and consult an attorney before making statements to law enforcement or signing documents.
Yes. You have the right to an attorney at your arraignment and at every critical stage. If you cannot afford a private attorney, you may be eligible for a public defender. An attorney can advise you about bail, release conditions, plea options, and next steps to protect your interests.
Yes. Certain assault convictions can have serious immigration consequences, including deportation, denial of naturalization, or problems obtaining visas. Immigration law is complex, so noncitizens should consult both a criminal defense lawyer and an immigration lawyer as early as possible.
Victims can seek protective orders from the court to limit contact with the alleged offender. Civil options include suing for damages in a personal injury or assault and battery lawsuit. Victims can also work with victim-witness services provided by the prosecutor to obtain information and support during the criminal process.
The state controls filing decisions and timelines. For many crimes, prosecutors make charging decisions after reviewing police reports and evidence. The overall criminal process - from charging to resolution - can take weeks to months, and sometimes longer for felonies. Statutes of limitations govern how long prosecutors have to file criminal charges, and those time limits vary by offense.
A criminal conviction will appear on your record, and it can affect employment, housing, licenses, and rights. Washington law provides limited options for vacating or sealing certain records under specific conditions, but eligibility depends on factors like the offense, sentence, and time elapsed. Ask an attorney about possibilities for record relief in your situation.
Look for attorneys with criminal defense experience in Pierce County and Tacoma courts. Consider their courtroom experience, track record with assault cases, familiarity with local prosecutors and judges, and client reviews. Many attorneys offer an initial consultation - use it to ask about strategy, likely outcomes, fees, and how they communicate with clients. If you cannot afford a private lawyer, ask about public defender eligibility or legal aid referrals.
- Tacoma Police Department - local law enforcement agency that responds to and investigates assault incidents.
- Pierce County Prosecuting Attorney - handles criminal charging decisions and victim-witness services in Pierce County and Tacoma.
- Tacoma Municipal Court and Pierce County Superior Court - local courts where assault charges are adjudicated depending on severity.
- Victim-witness assistance programs - available through the prosecutor office and court system to help victims understand their rights and available services.
- Washington State Coalition Against Domestic Violence - statewide resource for survivors and advocates on domestic-violence issues and protection orders.
- Northwest Justice Project and local legal aid clinics - provide low-cost or free civil legal help for qualifying residents, including assistance with protection orders and related matters.
- Tacoma-Pierce County Bar Association - a local professional group that can offer attorney referrals for criminal defense and civil matters.
- Washington Courts and Washington LawHelp - public information sources about court processes, forms, and legal options in Washington state.
- Ensure immediate safety - if you are in danger, contact local law enforcement and seek a safe location.
- Preserve evidence - save photos, messages, clothing, and any surveillance footage. Get medical records for any injuries.
- Obtain the police report - request a copy of the incident report from the Tacoma Police Department or the arresting agency.
- Consider a protective order - if you fear repeated harm, talk to an attorney or victim-witness services about a temporary or long-term protection order.
- Seek legal advice - consult an experienced criminal defense attorney if charged, or a civil attorney if you are pursuing damages. If you cannot afford private counsel, contact public defender services or local legal aid organizations.
- Keep records and follow court requirements - note court dates, comply with any no-contact conditions, and follow legal advice to protect your rights and interests.
If you are unsure how to proceed, start by contacting victim-witness services or scheduling a consultation with a local attorney who handles assault cases in Tacoma. Early legal guidance can protect your rights and help you make informed choices during a stressful time.
