The Ninth Circuit finds that a Washington conviction for second-degree assault is not a crime of violence under the federal sentencing guidelines. The statute is not a categorical match to the definition of a crime of violence because it does not necessarily require the actual, attempted, or threatened use of force capable of causing physical pain or injury to another. In addition, the jury need not decide between the various subsections of the statute, indicating that is both overbroad and indivisible.
Given the similarity between the definition of a crime of violence in the immigration and federal sentencing context, this decision likely has persuasive effect in the immigration context.
The full text of US v. Robinson can be found here: