American citizens were presented with the unique opportunity to watch a Supreme Court nominee, Judge Brett Kavanaugh, be questioned in front of the Senate Judiciary Committee about Dr. Christine Blasey Ford's accusations that he sexually assaulted her in the 1980s while both of them were in high school. This hearing was neither conducted in a court of law, nor is it a criminal case, but more so to get to the credibility of the accusation and to make the determination if Judge Kavanaugh is fit to sit on the bench of the highest court in the land, the United States Supreme Court. There is the argument between the judicial committee members as to whether or not the FBI should investigate the accusations further. Again, Judge Kavanaugh is not under criminal investigation—but, if he were, let us look at what he may be charged with had the alleged sexual assault occurred in Washington State.

Assault in Washington

In the state of Washington, there are four different levels of assault: assault in the first, second, third, or fourth degrees. In Washington, assault in the second degree is the level of assault that guides the law on an assault involving sexual motivation.

Assault in the Second Degree

“A person is guilty of assault in the second degree if he or she, under circumstances not amounting to assault in the first degree:

• Intentionally assaults another and thereby recklessly inflicts substantial bodily harm; or
• Intentionally and unlawfully causes substantial bodily harm to an unborn quick child by intentionally and unlawfully inflicting any injury upon the mother of such child; or
• Assaults another with a deadly weapon; or
• With intent to inflict bodily harm, administers to or causes to be taken by another, poison or any other destructive or noxious substance; or
• With intent to commit a felony, assaults another; or
• Knowingly inflicts bodily harm which by design causes such pain or agony as to be the equivalent of that produced by torture; or
• Assaults another by strangulation or suffocation.”

Assault in the second degree is a class B felony unless there is a finding that the assault took place with a “sexual motivation”, in which case, assault in the second degree is a class A felony.

Contact the Law Offices of Steve Karimi

Assault in the second degree involving sexual motivation, as a class A felony, carries very severe penalties. In Washington, a person convicted of assault in the second degree involving sexual motivation may be sentenced to life in prison and up to $50,000 in fines.

If you or someone you know has been arrested for assault in the second degree involving sexual motivation you need to retain the services of an experienced criminal defense lawyer. Attorney Steve Karimi, named a “rising star” in criminal defense, is former King County prosecutor who now uses his knowledge and insight into prosecution strategies to defend the rights of those accused. Mr. Karimi is here to help. Contact the Law Offices of Steve Karimi to secure your future.