Assault Charges Without Touching: Is This Possible In Washington?

Washington State defines Assault in the Fourth Degree broadly under its criminal statutes. While many people think of assault as requiring physical contact, Washington law does not make physical touching a mandatory element of the offense. Instead, the state considers actions or threats that place another person in reasonable fear or apprehension of imminent bodily harm sufficient to constitute assault

In Washington State, if the police have probable cause to believe that domestic violence (including Assault 4) occurred within the past four hours, they are required to make an arrest under mandatory arrest laws. If arrested, you may be taken to jail and booked. Whether you stay in jail depends on your ability to post bail or whether a judge orders your release. If your Assault 4 charge involves the special tag of domestic violence (i.e. the victim has some relation to the perpetrator or perhaps was a former roommate etc.), there will normally be a “no bail hold” until the accused arraignment date. At arraignment, the accused may be required to post bail or will be release on personal recognizance.

After you are charged, you will likely have an arraignment, where the court formally informs you of the charges and your rights. At this hearing, the judge may set bail, impose conditions of release, and issue a no contact order to protect the alleged victim. You will also receive future court dates for hearings, such as pretrial conferences and possibly a trial if the case does not resolve through a plea or dismissal.

Yes, you may be allowed to post bail, depending on the court’s decision at your arraignment. Bail amounts vary based on the severity of the case, your criminal history, and the risk of failing to appear. Bail for Assault 4 Domestic Violence typically ranges from $1,000 to $5,000, though it could be higher in serious cases. If you cannot afford bail, you may need to remain in custody until your next court appearance.

In most cases, the court will issue a no contact order as part of the conditions of release. This order prohibits any contact with the alleged victim, including living in the same residence. If the alleged victim lives in your home, you may be required to leave, even if you own or lease the property. This restriction typically lasts until the case is resolved or later if the court wants to see you comply with treatment or other conditions before the judge will modify the no contact order.

To comply with a no contact order, you must avoid any form of communication with the alleged victim, including in-person contact, phone calls, texts, social media, or messages through third parties. If you need to retrieve personal belongings from the home, you may request a civil standby through local law enforcement, allowing you to collect items under police supervision. Violating a no-contact order is a separate criminal offense and can result in additional charges or revocation of your release conditions, which means your bail is likely to greatly increase and you will face additional criminal charges.

Assault – Domestic Violence Overview

If you or a loved one is facing an Assault case, with or without the domestic violence tag, reach out to our attorneys to see how we can help. 360-792-1000