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

Wash. Rev. Code § 9A.36.041 (2026)

Assault in the fourth degree

✓ current as of May 2026
Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
(1) A person is guilty of assault in the fourth degree if, under circumstances not amounting to assault in the first, second, or third degree, or custodial assault, he or she assaults another.
(2) Assault in the fourth degree is a gross misdemeanor, except as provided in subsection (3) of this section.
(3)(a) Assault in the fourth degree occurring after July 23, 2017, and before March 18, 2020, where domestic violence is pleaded and proven, is a class C felony if the person has two or more prior adult convictions within ten years for any of the following offenses occurring after July 23, 2017, where domestic violence was pleaded and proven:
(i) Repetitive domestic violence offense as defined in RCW 9.94A.030;
(ii) Crime of harassment as defined by RCW 9A.46.060;
(iii) Assault in the third degree;
(iv) Assault in the second degree;
(v) Assault in the first degree; or
(vi) A municipal, tribal, federal, or out-of-state offense comparable to any offense under (a)(i) through (v) of this subsection.
For purposes of this subsection (3)(a), "family or household members" for purposes of the definition of "domestic violence" means spouses, domestic partners, former spouses, former domestic partners, persons who have a child in common regardless of whether they have been married or have lived together at any time, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, and persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship. "Family or household member" also includes an "intimate partner" as defined in RCW 10.99.020.
(b) Assault in the fourth degree occurring on or after March 18, 2020, where domestic violence against an "intimate partner" as defined in RCW 10.99.020 is pleaded and proven, is a class C felony if the person has two or more prior adult convictions within ten years for any of the following offenses occurring after July 23, 2017, where domestic violence against an "intimate partner" as defined in RCW 10.99.020 or domestic violence against a "family or household member" as defined in (a) of this subsection was pleaded and proven:
(i) Repetitive domestic violence offense as defined in RCW 9.94A.030;
(ii) Crime of harassment as defined by RCW 9A.46.060;
(iii) Assault in the third degree;
(iv) Assault in the second degree;
(v) Assault in the first degree; or
(vi) A municipal, tribal, federal, or out-of-state offense comparable to any offense under (b)(i) through (v) of this subsection.
[ 2021 c 215 s 106; 2020 c 29 s 7; 2017 c 272 s 1; 1987 c 188 s 2; 1986 c 257 s 7.]

Notes:

Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Effective date—2020 c 29: See note following RCW 7.77.060.
Effective date—1986 c 257 ss 3-10: See note following RCW 9A.04.110.
Effective date—1987 c 188: See note following RCW 9A.36.100.
Severability—1986 c 257: See note following RCW 9A.56.010.
Notes of Decisions
Cited in 199 cases (37 in the last 5 years), 1988–2026 · leading case: State v. Davis, 808 P.2d 167 (Wash. Ct. App. 1991).
Sort: Relevance Newest Treatment
State v. Davis, 808 P.2d 167 (Wash. Ct. App. 1991). · cites it 6× “The charge against Davis alleged: That the defendant Darvil [ sic ] Davis, in King County, Washington, on or about August 1, 1988, did assault Darlynn Ferguson; Contrary to RCW 9A.36.041, and against the peace and dignity of the state of Washington.”
State v. Taylor, 996 P.2d 571 (Wash. 2000). · cites it 5× “[1] On May 1, 1995, the Pierce County Prosecuting Attorney filed a criminal complaint in Pierce County District Court Number One charging Respondent Cassandra Lynn Taylor with one count of assault in the fourth degree in violation of RCW 9A.36.041. The complaint read: [2] I,…”
State v. Taylor, 140 Wash. 2d 229 (Wash. 2000). · cites it 5× “1 On May 1, 1995, the Pierce County Prosecuting Attorney filed a criminal complaint in Pierce County District Court Number One charging Respondent Cassandra Lynn Taylor with one count of assault in the fourth degree in violation of RCW 9A.36.041. The complaint read: 2 I, JOHN W.”
State v. Stevens, 143 P.3d 817 (Wash. 2006). · cites it 2× “RCW 9A.36.041(1). The term “assault” itself is not statutorily defined, so Washington *311 courts apply the common law definition.”
United States v. Castleman, 134 S. Ct. 1405 (2014). “2-57 (Michie 1996); Wash. Rev.Code Ann. § 9A.36.041 (Michie 1994).”
State v. J.P., 69 P.3d 318 (Wash. 2003). “was charged, pursuant to RCW 9A.36.041, with fourth degree assault with sexual motivation, a gross misdemeanor.”
State v. Coryell, 483 P.3d 98 (Wash. 2021). · cites it 2× “110(26), “means to compress a person’s neck, [which would obstruct a] person’s blood flow or ability to breathe, or doing so with the intent to obstruct the person’s blood flow or ability to breathe.”
State v. Davis, 835 P.2d 1039 (Wash. 1992). · cites it 3× “*662 In this case, count 3 of the information charged: That the defendant Darvil [sic] Davis, in King County, Washington, on or about August 1, 1988, did assault Darlynn Ferguson; Contrary to RCW 9A.36.041, and against the peace and dignity of the state of Washington.”
State v. Talley, 858 P.2d 217 (Wash. 2005). · cites it 2× “However, when the victim is targeted because of perceived membership in one of the enumerated categories, then the criminal conduct is punishable as a felony.”
State v. Watson, 51 P.3d 66 (Wash. 2002). “STATEMENT OF FACTS On December 21, 1999 Petitioner, a juvenile bom February 19, 1982, was charged by information in the King County Superior Court, Juvenile Division, with assault in the fourth degree in violation of RCW 9A.36.041 for inten *950 tionally assaulting his sister,…”
State v. Keller, 19 P.3d 1030 (Wash. 2001). “522(1)(b) and with one count of assault in the fourth degree under former RCW 9A.36.041. Clerk’s Papers at 1-2. The State amended the information on May 16, 1996 to charge Petitioner with felony hit and run under former RCW 46.”
State v. Bertrand, 546 P.3d 1020 (Wash. 2024). “at 311 , 310 (citing RCW 9A.36.041(1)). Therefore, “child molestation necessarily includes the elements of fourth degree assault,” plus additional elements requiring “sexual contact” and a child victim.”
Show all 199 citing cases →
— Wash. Rev. Code § 9A.36.041(1) — 73 cases
State v. Stevens, 143 P.3d 817 (Wash. 2006). “RCW 9A.36.041(1). The term “assault” itself is not statutorily defined, so Washington *311 courts apply the common law definition.”
State v. Bertrand, 546 P.3d 1020 (Wash. 2024). “at 311 , 310 (citing RCW 9A.36.041(1)). Therefore, “child molestation necessarily includes the elements of fourth degree assault,” plus additional elements requiring “sexual contact” and a child victim.”
State Of Washington v. Katrina R. Loos, 473 P.3d 1229 (Wash. Ct. App. 2020).
State v. Villanueva-Gonzalez, 329 P.3d 78 (Wash. 2014).
State v. Winings, 126 Wash. App. 75 (Wash. Ct. App. 2005).
— Wash. Rev. Code § 9A.36.041(1)(2) — 1 case
State Of Washington v. Ray Charles Harris (Wash. Ct. App. 2017).
— Wash. Rev. Code § 9A.36.041(2) — 18 cases
State v. Ward, 148 Wash. 2d 803 (Wash. 2003).
State v. Ward, 64 P.3d 640 (Wash. 2003).
In re the Pers. Restraint of Bush, 164 Wash. 2d 697 (Wash. 2008).
In Re Bush, 193 P.3d 103 (Wash. 2008).
Hofschneider v. City of Vancouver, 182 F. Supp. 3d 1145 (W.D. Wash. 2016).
— Wash. Rev. Code § 9A.36.041(3) — 1 case
State of Washington v. Joey Donavon Russell (Wash. Ct. App. 2024).
— Wash. Rev. Code § 9A.36.041(3)(a) — 2 cases
Truong v. Bailey CA5 (Cal. Ct. App. 2026).
Truong v. Bailey CA5 (Cal. Ct. App. 2026).
— Wash. Rev. Code § 9A.36.041(3)(b) — 3 cases
State Of Washington, V. Brennaris Marquis Johnson, 540 P.3d 831 (Wash. Ct. App. 2024).
State Of Washington, V. Brennaris Marquis Johnson, 536 P.3d 1162 (Wash. Ct. App. 2023).
State of Washington v. Joey Donavon Russell (Wash. Ct. App. 2024).
— Wash. Rev. Code § 9A.36.041(3)(b)(i) — 1 case
State of Washington v. Joey Donavon Russell (Wash. Ct. App. 2024).
— Wash. Rev. Code § 9A.36.041(4) — 2 cases
State v. Abdi-Issa, 504 P.3d 223 (Wash. 2022).
State Of Washington, V Daniel P. Bakker (Wash. Ct. App. 2021).
— Wash. Rev. Code § 9A.36.041(l) — 1 case
State of Washington v. Benjamin Camden (Wash. Ct. App. 2014).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.