9A.36.041

(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) Assault in the fourth degree is a class C felony if the person commits the assault by strangulation or suffocation or has two or more prior adult convictions within ten years for any of the following offenses, whether in this state or elsewhere:
   (a) Repetitive domestic violence (RCW 9A.36.150);
   (b) Crime of harassment (RCW 9A.46.020);
   (c) Assault in the third degree (RCW 9A.36.031);
   (d) Assault in the second degree (RCW 9A.36.021);
   (e) Assault in the first degree (RCW 9A.36.011);
   (f) A violation of a no-contact or protection order (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26B.050, 26.50.110, 26.52.070, or 74.34.145).