Seattle Spanking Accusation Defense Attorneys

Physical Discipline Law in Washington

Washington law permits parents, guardians, teachers, and others authorized by parents to use reasonable and moderate force for restraining or correcting a child under RCW 9A.16.100. The critical question in spanking cases is whether the force used exceeded what a reasonable person would consider appropriate under the circumstances. The following actions are presumed unreasonable when used to correct or restrain a child:

• Throwing, kicking, burning, or cutting a child
• Striking a child with a closed fist
• Shaking a child younger than age 3
• Interfering with a child's breathing
• Threatening a child with a deadly weapon
• Doing any other act that is likely to cause and that does cause bodily harm greater than transient pain or minor temporary marks

Courts consider several factors when determining if corporal punishment was reasonable:

• Child's age: The age of the child matters significantly. Physical discipline appropriate for a six-year-old may be excessive for a teenager or too harsh for a toddler.
• Nature of the child's behavior: The child's conduct that prompted the discipline is relevant. More serious misbehavior may justify firmer corrective action.
• Degree of force used: The amount of physical force applied must be moderate. Spanking that causes minor injuries, such as temporary redness, differs from punishment that causes severe bruising or other bodily injury.
• Emotional and physical condition of the child: A child's vulnerability affects what constitutes reasonable discipline. Children with special needs or previous trauma require different consideration.
• Disciplinary purpose: The discipline must serve legitimate corrective or disciplinary purposes rather than stem from anger or frustration.

When spanking crosses the line into excessive force, prosecutors more commonly file charges for Assault of a Child under RCW 9A.36.120, RCW 9A.36.130, or RCW 9A.36.140, depending on the alleged level of injury. These offenses are felony charges and carry substantially more severe consequences than misdemeanor assault statutes.

Potential Criminal Penalties in Spanking-Related Cases

Depending on the severity of the alleged injury, parents may face felony charges for Assault of a Child under RCW 9A.36.120, RCW 9A.36.130, or RCW 9A.36.140. These offenses range from Class B to Class A felonies and can result in lengthy prison sentences, substantial fines, and mandatory community custody.

In less severe cases, prosecutors may file Assault in the Fourth Degree under RCW 9A.36.041, a gross misdemeanor punishable by up to 364 days in jail and a $5,000 fine.

Beyond criminal penalties, CPS involvement can lead to the removal of children from the home, court-ordered parenting programs, supervised visitation, and placement on the child abuse registry.

Likely Outcomes in Spanking Cases

Not every investigation results in criminal charges. Many cases resolve through CPS agreements requiring parenting education or counseling. When criminal charges are filed, outcomes vary significantly based on the severity of the alleged injury, the defendant's history, and the strength of the defense.

First-time offenders charged with simple assault for spanking may receive pretrial diversion programs, deferred prosecution, or reduced charges through negotiation. Cases involving serious bodily injury or patterns of excessive corporal punishment face harsher consequences.

The presence of a skilled criminal defense lawyer substantially affects outcomes. Prosecutors evaluate cases differently when they know the defense will challenge medical conclusions, interview the child, and present alternative explanations for bruising.