What Evidence is Needed to Prove Assault in Washington State?
Prosecutors need enough evidence to convince all jurors of a defendant’s guilt. They try to accomplish this using witness testimony, physical evidence, and medical records. However, our attorneys may be able to poke holes in their case by getting evidence suppressed.
Prosecutors generally have to prove intent during assault trials, which is challenging. Though assault in the first and second degree are the more serious charges, lesser assault charges still require your attention. In addition to reviewing and challenging the prosecution’s evidence, we will introduce our own physical evidence, photos, and witness testimony to prove your defense. If the prosecution doesn’t have enough evidence to prove an assault, they may even drop the charges before a trial.
Call the Law Offices of Smith & White at (253) 525-8036 for help from our Washington criminal defense lawyers.
What Evidence Do Prosecutors Need to Prove Assault Charges in Washington?
To prove assault charges in Washington, the prosecutor must convince the jury of the defendant’s guilt beyond a reasonable doubt. This is a high standard of proof that prosecutors try to meet with witness statements, physical evidence, and other evidence. We will have the chance to review the prosecution’s evidence and enter our own that undermines it, disproving the case against you.
Witness Statements
The alleged victim may testify as a witness for the prosecution during the trial. Our attorneys will prepare for our opportunity to cross-examine witnesses on the stand, whether they are an alleged victim, eyewitness, character witness, or expert witness. It is much harder for prosecutors to prove assault charges if the alleged victim recants or refuses to testify.
Our Washington criminal defense lawyers can have our own witnesses testify during a trial, too. Witness testimony may place you elsewhere during an alleged assault, giving you an alibi, or an eyewitness may testify the alleged victim initiated the interaction.
Physical Evidence
Without physical evidence, proving assault charges becomes much harder for the prosecution. We can have our own experts test physical evidence and point out any chain of custody issues with physical evidence introduced by the prosecution.
Physical evidence providing an alternative explanation for the assault is an example of “exculpatory” evidence, which essentially proves your innocence, like another person’s fingerprints or DNA being present. Conflicting physical evidence from the prosecution and defense may create enough reasonable doubt in jurors’ minds to find the defendant not guilty.
Medical Records
Prosecutors may use medical records of the alleged victim’s injuries and photos of cuts, bruises, lacerations, and other wounds as evidence. That evidence might only tell one side of the story, as we may have our own medical evidence of the injuries you suffered during the event. Medical records may reveal that you sustained defensive wounds, indicating that you were only defending yourself from an attack.
Correspondence
Suppose the defendant and the alleged victim know each other personally, which is often the case when fourth-degree assault charges are filed after domestic violence incidents in Washington. Prosecutors may try to use correspondence to paint you in a certain light, which we can combat with evidence of our own.
We can also use texts, emails, phone calls, and other correspondence to show the reality of the situation.
Blocking Evidence from Being Used to Prove Assault Charges
If you are facing assault charges in Washington, call us right away. We may block some evidence from being admitted, meaning the jury cannot evaluate it when reaching a verdict. If we can block enough evidence, the charges against you might get dropped.
We can file motions to suppress tainted physical evidence and anything that would unfairly sway the jury. If the prosecution has a weak case to begin with, and we can convince the judge to block much of their evidence, they may not have enough to make the charges stick.
How Do Prosecutors Prove Different Assault Charges in Washington State?
To prove an assault charge, the prosecutor must prove intent, generally. The defendant must have intended to physical harm, threaten, or intimidate the alleged victim to be found guilty, depending on the degree of assault they are charged with.
Assault in the First Degree
To prove assault in the first degree, the prosecution must prove you intended to inflict great bodily harm while assaulting another person with a firearm or deadly weapon with force likely to cause serious bodily harm or death, transmitting HIV to a child or vulnerable adult, or assaulting another person and inflicting great bodily harm.
Assault in the Second Degree
Intentionally assaulting and inflicting substantial bodily harm on another person is assault in the second degree in Washington, as is assaulting someone with a deadly weapon or with the intent to commit a felony. Allegedly strangulating or suffocating another person is also charged with assault in the second degree. If your charges involve use of deadly weapon, but another person’s DNA is on the weapon in question, we may be able to get the second-degree assault charge dropped or reduced.
Assault in the Third Degree
Most likely, the prosecution must prove that you caused bodily harm that was accompanied by substantial pain and demonstrated criminal negligence to get a conviction for assault in the third degree in Washington.
Assault in the Fourth Degree
Assault in the fourth degree is a common domestic violence charge in Washington, requiring prosecutors to prove the intimate or family relationship as well as the alleged violence going on in the home. We may be able to get these charges dismissed after we show evidence that clarifies the relationship or exposes the actual antagonist. These lesser assault charges are still damaging upon conviction, so reach out for help if you were recently arrested.
Call Us in Washington for Help with Your Criminal Defense
Call the Law Offices of Smith & White at (253) 525-8036 for help from our Washington criminal defense lawyers.