Assaults

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Author:
jong
ID:
35931
Filename:
Assaults
Updated:
2010-11-27 01:43:21
Tags:
Assault Harm
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Description:
WA Criminal Law
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  1. BODILY HARM defined...
    • 9A.04.110.4a, states, "Bodily injury," "physical injury," or "bodily harm" means physical pain or injury, illness, or an impairment of physical condition;
    • IN LAYMAN'S TERMS: Scratch/Bruise, Physical Pain or Injury,
    • OR BAND AID

    • SUBSTANTIAL BODILY HARM defined...
    • 9A.04.110.4b, states, "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part;
    • IN LAYMAN'S TERMS: Bodily Injury Temporary Loss, or Impairment,
    • OR TRIP TO THE HOSPITAL / FRACTURE
  2. GREAT BODILY HARM defined...
    • 9A.04.110.4b, states, "Great bodily harm" means bodily injury which creates a probability of death, or which causes significant serious permanent disfigurement, or which causes a significant permanent loss or impairment of the function of any bodily part or organ;
    • IN LAYMAN'S TERMS: Permanent Loss or Death
  3. ASSAULT 1st
    • INTENTIONALLY ASSAULTS a person
    • AND With a Deadly Weapon
    • OR Intentionally & Unlawfully Injuring Mother AND causing SBH [Hospital visit] to an unborn child
    • OR Administers Poison or Any Other Destructive or Noxious Substance OR Intentionally Assaults another AND recklessly inflicts SBH OR, ?Knowingly inflicts BH by design causes pain equivalent to torture
    • Class B Felony
    • 9A.36.021
    • If the Assault is Sexually Motivated - Class A Felony
  4. ASSAULT 2nd
    • INTENTIONALLY ASSAULTS a Person
    • AND Recklessly Inflicts Substantial Bodily Harm
    • OR Intentionally & Unlawfully Injuring Mother AND causing SBH to an unborn child
    • OR Assaults with a Deadly Weapon
    • OR Administers Poison or Any Other Destructive or Noxious Substance
    • OR With intent to commit a felony, assaults another
    • OR Knowingly inflicts BH designed to causes pain equivalent to torture
    • Class B Felony
    • 9A.36.021
    • If the Assault is Sexually Motivated - Class A Felony
  5. ASSAULT 3rd
    • ASSAULTS Court Officer
    • OR Transit Operator / Supervisor
    • OR Security Officer of transit co.
    • OR School Bus Driver / Supervisor
    • OR With Criminal Negligence, causes BH [Band Aid] to another by means of a Weapon
    • OR Firefighter
    • OR With Criminal Negligence, causes BH accompanied by Pain to cause Suffering
    • OR LE
    • OR Doctor / Nurse
    • Class C Felony
    • 9A.36.031
  6. ASSAULT 4th
    • UNWANTED TOUCHING
    • Criminal Non-Traffic - Gross Misdemeanor
    • 9A.36.041
  7. ASSAULT OF CHILD 1st
    • Person (18 or older) ASSAULTS Victim <13 yo
    • ‘Very Bad child abuse’
    • Recklessly Inflicts Great Bodily Harm
    • OR Commits regular Assault 1st
    • OR Substantial Bodily Harm from previous pattern of assaults
    • OR Previous Pattern of Same
    • OR SBH greater than transient & Previous pattern of Pain / Agony
    • Class A Felony
    • 9A.36.120
  8. ASSAULT OF CHILD 2nd
    • Person (18 or older) ASSAULTS Victim <13 yo
    • ‘Child abuse’
    • Commits Regular Assault 2nd
    • OR BH Greater than Transient & Previous Pattern of Pain / Agony
    • OR Causes bodily harm with previous pattern
    • OR Previous Pattern of Torture
    • Class B Felony
    • 9A.36.130
  9. ASSAULT OF CHILD 3rd
    • Person (18 or older) ASSAULTS Victim <13 yo
    • Causes Bodily Harm by means of instrument (or weapon)
    • OR Causes BH with Substantial Pain that extends for a period to cause considerable suffering
    • Class C Felony
    • 9A.36.140
  10. CUSTODIAL ASSAULT
    • ASSAULT ANY type of Correction / Detention Staff
    • Class C Felony
    • 9A.36.100
  11. DRIVE BY SHOOTING
    • Recklessly DISCHARGES a FIREARM in a manner that creates a Substantial Risk of Death OR Serious Physical Injury
    • FROM a Motor Vehicle
    • OR the Immediate Area of the Vehicle
    • Class B Felony
    • 9A.36.045
  12. VEHICULAR ASSAULT
    • OPERATES ANY VEHICLE in a RECKLESS MANNER (Disregard forthe safety of others) that
    • AND Causes Substantial Bodily Harm (Fracture, Trip to hospital)
    • OR While under the Influence of Liquor OR ANY Drug
    • Class B Felony
    • 46.61.522
  13. BARRK FELONY'S
    • Burglary 1st
    • Arson 1st & 2nd
    • Rape 1st & 2nd
    • Robbery 1st & 2nd
    • Kidnapping 1st & 2nd
    • If someone dies during commission of ANY of these BARRK Felony’s = Murder 1st
  14. Malicious Harassment (aka Hate Crime)
    • Maliciously cause Physical injury
    • OR Property damage
    • OR Threatens injury or damage
    • BECAUSE OF Victims Race
    • OR Color
    • OR Religion
    • OR Ancestry
    • OR National origin
    • OR Gender
    • OR Sexual orientation
    • OR Handicap
    • Class C Felony
    • 9A.36.080
  15. Malicious Mischief 1st
    • CAUSES physical damage to property worth > $1,500
    • OR CAUSES interruption of Public Servant by: Damaging vehicle, property, utility, transportation, power or communications
    • OR CAUSES impairment to the safety, efficiency or operation of aircraft by damaging or tampering with aircraft in any way
    • Class B Felony
    • 9A.48.070
  16. Malicious Mischief 2nd
    • Knowingly & Maliciously CAUSES Physical Damage Worth > $250
    • OR RISKS causing Interruption of Public Service by:
    • Damaging
    • OR Tampering with Emergency Vehicle
    • OR Government Property
    • OR Public Utility
    • OR Public Transportation
    • OR Public Power or Public Communications
    • Class C Felony
    • 9A.48.080
  17. Malicious Mischief 3rd
    • CAUSES Damage that is worth $50 – $250
    • OR Make Graffiti
    • Criminal Non-Traffic - Gross Misdemeanor
    • 9A.48.090

    • When Damage is $50 or less
    • Criminal Non-Traffic - Misdemeanor

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