Wash. Rev. Code » Title 9A · Chapter 9A.36
Revised Code of Washington

Wash. Rev. Code § 9A.36.011 (2026)

Assault in the first degree

✓ current as of May 2026
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(1) A person is guilty of assault in the first degree if he or she, with intent to inflict great bodily harm:
(a) Assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or death; or
(b) Transmits HIV to a child or vulnerable adult; or
(c) Administers, exposes, or transmits to or causes to be taken by another, poison or any other destructive or noxious substance; or
(d) Assaults another and inflicts great bodily harm.
(2) Assault in the first degree is a class A felony.
[ 2020 c 76 s 16; 1997 c 196 s 1; 1986 c 257 s 4.]

Notes:

Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 ss 3-10: See note following RCW 9A.04.110.
Notes of Decisions
Cited in 354 cases (61 in the last 5 years), 1989–2026 · leading case: State v. Elmi, 207 P.3d 439 (Wash. 2009).
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State v. Elmi, 207 P.3d 439 (Wash. 2009). · cites it 25× “¶ 1 We are asked to determine whether under the first degree assault statute, RCW 9A.36.011, intent to inflict great bodily harm transfers to an unintended victim who is uninjured.”
State v. Elmi, 166 Wash. 2d 209 (Wash. 2009). · cites it 24× “¶1 — We are asked to determine whether under the first degree assault statute, RCW 9A.36.011, intent to inflict great bodily harm transfers to an unintended victim who is uninjured.”
State v. Abuan, 257 P.3d 1 (Wash. Ct. App. 2011). · cites it 10× “Our Supreme Court has held that first degree assault, RCW 9A.36.011, does not require the defendant's knowledge of the victim's presence: RCW 9A.”
State v. Stubbs, 240 P.3d 143 (Wash. 2010). · cites it 8× “NOTES [1] RCW 9A.36.011 provides in part: "(1) A person is guilty of assault in the first degree if he or she, with intent to inflict great bodily harm: "(a) Assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or…”
State v. Stubbs, 170 Wash. 2d 117 (Wash. 2010). · cites it 8× “RCW 9A.36.011 provides in part, “(1) A person is guilty of assault in the first degree if he or she, with intent to inflict great bodily harm: “(a) Assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or death; or “(c)…”
State v. Abuan, 161 Wash. App. 135 (Wash. Ct. App. 2011). · cites it 9× “Our Supreme Court has held that first degree assault, RCW 9A.36.011, does not require the defendant’s knowledge of the victim’s presence: RCW 9A.”
State v. Ward, 148 Wash. 2d 803 (Wash. 2003). · cites it 4× “and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony.”
State v. Ward, 64 P.3d 640 (Wash. 2003). · cites it 4× “and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony.”
State v. Kolesnik, 146 Wash. App. 790 (Wash. Ct. App. 2008). · cites it 4× “011(1) provides, “A person is guilty of assault in the first degree if he or she, with intent to inflict great bodily harm: (a) Assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or death.”
State v. Kolesnik, 192 P.3d 937 (Wash. Ct. App. 2008). · cites it 4× “" Former RCW 9.94A.535(3)(v) states the following circumstances constitute an aggravating factor that may support a sentence above the standard range: The offense was committed against a law enforcement officer who was performing his or her official duties at the time of the…”
State v. Yarbrough, 210 P.3d 1029 (Wash. Ct. App. 2009). · cites it 3× “Under RCW 9A.36.011, once the State establishes Yarbrough's intent to inflict great bodily harm, the mens rea is transferred to any unintended victim.”
Bragdon v. Abbott, 524 U.S. 624 (1998). · cites it 2× “, § 26-6—5 (1995); Wash. Rev. Code § 9A.36.011(1)(b) (Supp. 1998); see also N.”
Show all 354 citing cases →
— Wash. Rev. Code § 9A.36.011(1) — 54 cases
Melvin Amaya v. Merrick Garland, 15 F.4th 976 (9th Cir. 2021).
State v. Kolesnik, 146 Wash. App. 790 (Wash. Ct. App. 2008). “011(1) provides, “A person is guilty of assault in the first degree if he or she, with intent to inflict great bodily harm: (a) Assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or death.”
Commr. Eric Watness, Apps. v. The City Of Seattle, Res., 481 P.3d 570 (Wash. Ct. App. 2021).
State v. Kolesnik, 192 P.3d 937 (Wash. Ct. App. 2008). “" Former RCW 9.94A.535(3)(v) states the following circumstances constitute an aggravating factor that may support a sentence above the standard range: The offense was committed against a law enforcement officer who was performing his or her official duties at the time of the…”
State v. Thomas, 98 P.3d 1258 (Wash. Ct. App. 2004).
— Wash. Rev. Code § 9A.36.011(1)(A) — 1 case
State Of Washington, V Guadalupe Solis Diaz (Wash. Ct. App. 2020).
— Wash. Rev. Code § 9A.36.011(1)(a) — 114 cases
State v. Abuan, 257 P.3d 1 (Wash. Ct. App. 2011). “Our Supreme Court has held that first degree assault, RCW 9A.36.011, does not require the defendant's knowledge of the victim's presence: RCW 9A.”
State v. Elmi, 166 Wash. 2d 209 (Wash. 2009). “¶1 — We are asked to determine whether under the first degree assault statute, RCW 9A.36.011, intent to inflict great bodily harm transfers to an unintended victim who is uninjured.”
State v. Stubbs, 240 P.3d 143 (Wash. 2010). “NOTES [1] RCW 9A.36.011 provides in part: "(1) A person is guilty of assault in the first degree if he or she, with intent to inflict great bodily harm: "(a) Assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or…”
State v. Elmi, 207 P.3d 439 (Wash. 2009). “¶ 1 We are asked to determine whether under the first degree assault statute, RCW 9A.36.011, intent to inflict great bodily harm transfers to an unintended victim who is uninjured.”
State v. Yarbrough, 210 P.3d 1029 (Wash. Ct. App. 2009). “Under RCW 9A.36.011, once the State establishes Yarbrough's intent to inflict great bodily harm, the mens rea is transferred to any unintended victim.”
— Wash. Rev. Code § 9A.36.011(1)(a)(c) — 2 cases
State Of Washington v. I.h. (Wash. Ct. App. 2018).
State Of Washington v. Brian K. Brush (Wash. Ct. App. 2014).
— Wash. Rev. Code § 9A.36.011(1)(b) — 10 cases
Bragdon v. Abbott, 524 U.S. 624 (1998). “, § 26-6—5 (1995); Wash. Rev. Code § 9A.36.011(1)(b) (Supp. 1998); see also N.”
Kim v. Lakeside Adult Fam. Home, 374 P.3d 121 (Wash. 2016).
State v. Whitfield, 134 P.3d 1203 (Wash. Ct. App. 2006).
Melvin Amaya v. Merrick Garland, 15 F.4th 976 (9th Cir. 2021).
State v. Jennings, 24 P.3d 430 (Wash. Ct. App. 2001).
— Wash. Rev. Code § 9A.36.011(1)(c) — 12 cases
State v. Peterson, 948 P.2d 381 (Wash. 1997).
State v. Stubbs, 240 P.3d 143 (Wash. 2010). “NOTES [1] RCW 9A.36.011 provides in part: "(1) A person is guilty of assault in the first degree if he or she, with intent to inflict great bodily harm: "(a) Assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or…”
State v. Marko, 27 P.3d 228 (Wash. Ct. App. 2001).
State v. Marko, 107 Wash. App. 215 (Wash. Ct. App. 2001).
State v. George, 834 P.2d 664 (Wash. Ct. App. 1992).
— Wash. Rev. Code § 9A.36.011(1)(d) — 3 cases
United States v. Troy Brasby, 61 F.4th 127 (3rd Cir. 2023).
State Of Washington, V. Bernard Bellerouche, 565 P.3d 604 (Wash. Ct. App. 2025).
State Of Washington, V. Bernard Bellerouche (Wash. Ct. App. 2025).
— Wash. Rev. Code § 9A.36.011(2) — 18 cases
State v. Ward, 148 Wash. 2d 803 (Wash. 2003). “and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony.”
State v. Ward, 64 P.3d 640 (Wash. 2003). “and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony.”
State v. Kolesnik, 146 Wash. App. 790 (Wash. Ct. App. 2008). “011(1) provides, “A person is guilty of assault in the first degree if he or she, with intent to inflict great bodily harm: (a) Assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or death.”
State v. Kolesnik, 192 P.3d 937 (Wash. Ct. App. 2008). “" Former RCW 9.94A.535(3)(v) states the following circumstances constitute an aggravating factor that may support a sentence above the standard range: The offense was committed against a law enforcement officer who was performing his or her official duties at the time of the…”
State v. Toney, 205 P.3d 944 (Wash. Ct. App. 2009).
— Wash. Rev. Code § 9A.36.011(a) — 3 cases
State v. Stubbs, 240 P.3d 143 (Wash. 2010). “NOTES [1] RCW 9A.36.011 provides in part: "(1) A person is guilty of assault in the first degree if he or she, with intent to inflict great bodily harm: "(a) Assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or…”
State Of Washington v. I.h. (Wash. Ct. App. 2018).
State of Washington v. Bonifacio Alcantar-Maldonado (Wash. Ct. App. 2014).
— Wash. Rev. Code § 9A.36.011(c) — 1 case
State of Washington v. Bonifacio Alcantar-Maldonado (Wash. Ct. App. 2014).
— Wash. Rev. Code § 9A.36.011(l)(a) — 30 cases
State v. Stubbs, 170 Wash. 2d 117 (Wash. 2010). “RCW 9A.36.011 provides in part, “(1) A person is guilty of assault in the first degree if he or she, with intent to inflict great bodily harm: “(a) Assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or death; or “(c)…”
State v. Abuan, 161 Wash. App. 135 (Wash. Ct. App. 2011). “Our Supreme Court has held that first degree assault, RCW 9A.36.011, does not require the defendant’s knowledge of the victim’s presence: RCW 9A.”
State v. Yarbrough, 151 Wash. App. 66 (Wash. Ct. App. 2009).
State v. Linton, 132 P.3d 127 (Wash. 2006).
In re the Pers. Restraint of Orange, 100 P.3d 291 (Wash. 2004).
— Wash. Rev. Code § 9A.36.011(l)(b) — 2 cases
Bragdon v. Abbott, 524 U.S. 624 (1998). “, § 26-6—5 (1995); Wash. Rev. Code § 9A.36.011(1)(b) (Supp. 1998); see also N.”
State v. Whitfield, 132 Wash. App. 878 (Wash. Ct. App. 2006).
— Wash. Rev. Code § 9A.36.011(l)(c) — 12 cases
State v. Peterson, 133 Wash. 2d 885 (Wash. 1997).
State v. Stubbs, 170 Wash. 2d 117 (Wash. 2010). “RCW 9A.36.011 provides in part, “(1) A person is guilty of assault in the first degree if he or she, with intent to inflict great bodily harm: “(a) Assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or death; or “(c)…”
State v. Smith, 159 Wash. 2d 778 (Wash. 2007).
State v. Duncalf, 267 P.3d 414 (Wash. Ct. App. 2011).
State v. Laico, 987 P.2d 638 (Wash. Ct. App. 1999).
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