Two Eastern Washington teenagers charged with assault for releasing synthetic flatulence spray at their school will have their charges dismissed if they keep their noses clean for a year.
The two boys, ages 15 and 16, were charged with second-degree assault after they sprayed the fake flatulence in their high school in March. As a result, a student was taken to the hospital with breathing problems.
In a deal earlier this month, the charges were reduced to assault in the fourth degree. The boys will pay the hospital bill for the sickened student and write letters of apology. If they complete a year of community supervision and perform 20 hours of community service, the charges will be dismissed.
A person is guilty of fourth-degree assault if the circumstances of the deed do not amount to first, second or third degree assault. Assault in the fourth degree is a gross misdemeanor, punishable by up to a year in jail or a fine of up to $5,000, or both.
A person is guilty of first-degree assault if he or she, with intent to inflict great bodily harm:
- Assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or death; or
- Administers, exposes, transmits to or causes to be taken by another, poison, HIV or any other destructive or noxious substance; or
- Assaults another and inflicts great bodily harm.
First degree assault is a Class A felony, punishable by life in prison or a fine of $50,000, or both.
A person is guilty of second-degree assault if he or she:
- Recklessly inflicts substantial bodily harm; or
- Causes substantial bodily harm to an unborn child by intentionally inflicting injury upon the mother; or
- Assaults another with a deadly weapon; or
- Intentionally administers (or causes to be taken), poison or any other destructive or noxious substance; or
- Assaults someone while intending to commit a felony; or
- Inflicts bodily harm that causes pain or agony akin to torture; or
- Strangles or suffocates someone.
In general, second degree assault is a Class B felony, punishable by 10 years in prison or a $25,000 fine, or both.
A person is guilty of third-degree assault if he or she:
- Committed an assault in an effort to avoid arrest or to impede a court order; or
- Negligently caused bodily harm to someone with a weapon or accompanied by substantial pain that extends for a period sufficient to cause considerable suffering; or
- Assaults a person employed as a school bus driver, transit operator or driver, the immediate supervisor, a mechanic, or a security officer; a firefighter or employee of the fire department, county fire marshal's office, county fire prevention bureau or fire protection district; a law enforcement officer or other employee of a law enforcement agency; a nurse, physician or healthcare provider; a judicial officer, court-related employee, county clerk, or county clerk's employee; or a person located in a courtroom, jury room, judge's chamber or any waiting area or corridor immediately adjacent to a courtroom, jury room or judge's chamber.
Third degree assault is a Class C felony punishable by five years in prison, a $10,000 fine, or both.
No matter the crime, every defendant has a right to representation by a qualified attorney. If you have been arrested and face criminal charges, call the Seattle law office of Steve Karimi at (206) 621-8777 or contact him online.