Assault in the Third Degree

RCW: 9A.36.031

Elements of the Crime & PC Checklist

Essential facts to establish probable cause.

Required Elements

The defendant, with intent to prevent or resist arrest, assaulted another; OR
Assaulted a law enforcement officer, firefighter, or other protected employee who was performing their official duties; OR
With criminal negligence, caused bodily harm to another by means of a weapon or other instrument likely to produce bodily harm.

Probable Cause Checklist

Identify the victim as a protected class of employee (officer, firefighter, etc.).
Establish the employee was performing official duties.
Evidence of intent to resist arrest or prevent lawful detention.
Use of a weapon with criminal negligence causing harm.
Victim and witness statements.