Can a Child Be Charged with Assault?

Adults with years of life experience should know how to resolve conflict and express frustration without committing assault, so criminal penalties may seem justified when an adult acts in this way. But what happens when a child engages in behavior that is technically considered an assault under Washington state law? Can a minor be charged with criminal assault? Would they face the same legal consequences as an adult?

With over 30 years of experience defending young people accused of wrongdoing, Burke Brown Attorneys, PLLC has seen that without prompt legal intervention, minors accused of violent crimes like assault can be assessed penalties that set them on a negative path. We are dedicated to defending the rights of juveniles and persuading courts to impart consequences that teach and reform rather than isolate and penalize. Assault is a good example of a crime where juveniles accused are in a very precarious position and need representation from a skilled attorney to protect their futures.

Assault Charges in Washington State

Assault is a complicated offense. Washington state statutes describe four degrees of assault that range in severity from a gross misdemeanor to a class A felony. However, the statutes do not actually define the action that constitutes an assault, so the definition is based on case law from court decisions. Juries deciding on assault cases are instructed that someone has committed an assault if they have either:

Intentionally touched someone in a way that is harmful or offensive, or
Taken action with the means and intent to physically hurt someone (even if they did not succeed), or
Taken action with the intent to make another person fear the danger of imminent physical harm

Intent is a crucial element of the crime, but it does not need to be an intent to cause injury—just the intent to cause fear can be enough to constitute assault. Circumstances surrounding the incident, such as the use of a weapon or infliction of injuries, can aggravate the crime and increase the potential penalties.

Washington state law allows children aged 12-17 to be charged with criminal offenses such as assault. However, minors are generally handled through the juvenile justice system rather than the system used with adults. While the juvenile justice system aims to rehabilitate rather than punish, accused minors might find themselves facing a bleak term of incarceration for certain higher-level assaults unless they have an attorney advocating for more instructive consequences.

Children between the ages of 8 and 12 are presumed to not fully understand the nature and significance of their actions, so the burden is on the prosecution to demonstrate that the child understood what they were doing. Older children do not have the benefit of the doubt, and defense becomes even more critical.

Types of Assault Charges for Juveniles in Washington State

Here are some of the assault offenses commonly charged against minors.

Fourth-Degree Assault

Assault in the fourth degree is the basic assault offense described above. It is important to note that someone can be found guilty of fourth-degree assault even if they did not injure or even touch another person, and even if they had no intent to harm someone.

Second-Degree Assault

Assault in the second degree is a very serious crime that can involve several different situations. If someone commits an assault (such as a threatening action) with a deadly weapon or if they commit an assault while in the course of another felony such as a theft crime, that assault is a second-degree assault. Assaults that involve strangulation or suffocation or the administration of poison are also second-degree assaults at a minimum, as is the infliction of “substantial bodily harm” when it is caused recklessly rather than intentionally.

First-Degree Assault

Many second-degree assaults escalate to first-degree when they involve “intent to inflict great bodily harm.” In addition, second-degree assault can be penalized like first-degree assault in some cases such as when it involves “sexual motivation.”

Assault of a Child

Assault of a child under the age of 13 is a more serious offense than simple assault. Even though the crime is defined as an action taken by an individual at least 18 years old, courts have charged 16 and 17-year-old minors with this offense.

Factors Influencing Charging Decisions

A wide variety of factors impact the severity of assault charges. These include:

Age (of the victim as well as the accused)
The severity of the circumstances (including injuries suffered by the victim and the intent of the person accused)
The prior record of the person accused
Mental health issues

In addition, the wishes of the person affected also play a role. If the person allowed or welcomed contact, then it may not be considered an assault. Or, if they acted in a way that placed the accused individual in fear of harm, the accused may have been reasonably acting in self-defense.

Potential Consequences for Juvenile Offenders

Juvenile courts have a certain amount of leeway when assigning consequences for assault offenses unless a minor is being charged as an adult, in which case they would be moved into the traditional justice system. Even in juvenile court, however, some consequences can have a punitive rather than rehabilitative effect so it is important for accused minors to have an experienced attorney working to protect their rights.

At Burke Brown Attorneys, PLLC, we advocate to demonstrate to the court that consequences such as counseling, community service, and working toward restitution will be more effective and are therefore more appropriate than probation and detention, which can have a more negative impact on a minor’s future.

Protect Your Child with Experienced Advocacy from Burke Brown Attorneys, PLLC

Many people incorrectly assume that the juvenile justice system only offers minors a slap on the wrist and that there is no need to be concerned about charges of assault or other offenses until a child gets close to the age of 18. However, at Burke Brown Attorneys, PLLC, we know that consequences imposed by the juvenile justice system have the ability to affect the course of a child’s life, and that’s why we fight so hard to protect your child’s future. We can investigate to uncover evidence to show what really happened, negotiate with prosecutors for lenient treatment, and advocate for your child effectively in court to gain a positive outcome.If your child is facing an assault charge in Washington State, don’t delay in seeking legal representation. Burke Brown Attorneys, PLLC is here to guide you through and fight for your child’s future. Call 206-933-2414 or contact us online now.