While some people may think of assault as a relatively minor offense, the opposite is true. In fact, in many cases, people convicted of assault crimes face lengthy prison sentences. Intervening changes in the law may allow people sentenced to substantial prison terms to challenge their sentence, though, as demonstrated in a recent Washington assault case. If you are faced with assault charges, it is smart to meet with a Tacoma assault attorney as soon as possible.
Factual Setting and Procedural Background
It is reported that the defendant was convicted by a jury of eight felonies, including second-degree assault and unlawful possession of a firearm. Some of these convictions carried domestic violence designations and firearm sentencing enhancements. The defendant’s offender score for each count ranged from 9 to 20 points, resulting in sentences at the top of the standard range for each count. The defendant challenged his sentence, which resulted in a finding the trial court erred in imposing a combined term of confinement and community custody that exceeded the statutory maximum for his second-degree assault convictions, requiring a correction.
Reportedly, in 2022, the defendant sought resentencing under the State v. Blake decision, arguing that the original sentencing judge might have taken his prior controlled substance convictions into account despite them being washed out. At the resentencing hearing, the defendant requested reduced sentences for each conviction to the low end of the standard range and to have sentencing enhancements run concurrently. The trial court only reduced the sentence on the first-degree kidnapping conviction from 198 months to 180 months, leaving the rest of the 2013 sentences unchanged. The defendant then challenged this resentencing decision.
Challenges to Sentencing Decisions
The court examined the defendant’s claim, which the State conceded, that the term of confinement for his felony harassment conviction exceeded the statutory maximum. The court agreed with this concession and ruled that the sentence for felony harassment must be corrected to comply with the statutory limit of five years. The court reviewed this legal issue de novo and noted that any sentence exceeding the statutory maximum must be corrected by reducing the base sentence when a firearm enhancement is applied.
The court also addressed the defendant’s challenges to several Legal Financial Obligations (LFOs) despite these issues not being raised at the trial court. The court acknowledged that statutory changes to LFOs since the original sentencing warranted reconsideration of these obligations on remand.
Finally, the court evaluated the defendant’s Statement of Additional Grounds (SAG), which included multiple claims such as erroneous offender scores and a deficient charging information. The court found that most of these issues exceeded the scope of the appeal or were previously addressed. However, the court identified that the trial court had possibly failed to implement a mandate from the 2015 appeal to correct the sentences for second-degree assault so that the combined terms of confinement and community custody did not exceed the statutory maximum. The court deemed this a serious irregularity requiring intervention and mandated correction if the sentences remained unadjusted since the 2013 judgment.
In conclusion, the court remanded the case for correction of the felony harassment sentence and, if necessary, the second-degree assault sentences in compliance with its 2015 mandate. The court affirmed the remaining aspects of the resentencing decision.
Talk to a Dedicated Tacoma Defense Attorney
People accused of assault crimes can face substantial penalties if they are convicted, but there are often grounds for challenging the State’s evidence that can help them avoid a guilty verdict. If you are charged with assault, you should speak with an attorney. The dedicated Tacoma assault defense attorneys at The Law Offices of Smith & White can inform you of your rights and help you pursue a favorable outcome. You can reach us through our form online or by calling us at 253-203-1645 to set up a conference.