In Tacoma, there are numerous assault crimes of varying degrees, and each offense requires the State to establish different elements. If the State fails to meet this burden, it should not be able to sustain a conviction. This was demonstrated in a recent opinion issued in a Washington assault case, in which the court reversed the defendant’s conviction, finding that the State provided insufficient evidence of the elements of the defense. If you have been charged with an assault crime, it is essential that you understand your rights, and it is in your best interest to talk to a Tacoma assault defense attorney.
Factual and Procedural Setting
Reportedly, the state charged the defendant with third-degree assault after he spat on a doctor while being treated at a hospital. The incident occurred after the defendant had been found in a distressed state by paramedics, who believed he was under the influence of narcotics. The defendant was placed in restraints and a “spit sock” to prevent bodily fluid exposure during his transport to the hospital.
It is reported that upon arrival, while receiving treatment in the emergency room, the defendant complained of breathing difficulties, prompting the doctor to lift the spit sock. The defendant then cleared his throat and spat on the doctor, leading to the assault charge. At trial, the State presented several witnesses, including paramedics, a nurse, and police officers, but failed to introduce direct evidence confirming the doctor’s professional credentials or licensure. The defendant was convicted of third-degree assault. He challenged his conviction, arguing that the State failed to provide sufficient evidence to establish that the doctor was a licensed physician or health care provider, which was a necessary element of the crime.
Evidence Sufficient to Establish an Assault Offense
Under Washington law, for third-degree assault to be proven in this context, the State needed to show that the victim was a nurse, physician, or health care provider licensed or certified under specific statutes and performing their duties at the time of the assault. The court noted that the State introduced no direct evidence that the doctor was licensed under the relevant statutes.
While witnesses referred to the individual as a doctor and referenced his employment at the hospital, the court found these inferences insufficient to meet the State’s burden of proof. The State argued that a reasonable jury could have inferred that the doctor was a licensed physician based on his title and employment at a licensed hospital, but the court rejected this reasoning, citing precedent that required explicit evidence of licensure or certification.
The court then compared the case to previous rulings where a conviction for third-degree assault was overturned due to the absence of evidence confirming the victim’s status as a licensed healthcare provider.
Similar to that case, the court concluded that the failure to present direct evidence of the doctor’s qualifications meant that the jury could not reasonably find beyond a reasonable doubt that an essential element of the crime had been proven. As a result, the court reversed the defendant’s conviction and remanded the case for entry of a judgment of acquittal.
Speak to a Capable Tacoma Defense Attorney
If you are accused of committing an assault crime, it is smart to speak to an attorney about what defenses you may be able to assert. The capable Tacoma assault defense attorneys at The Law Offices of Smith & White understand what it takes to prevail in criminal matters, and if we represent you, we will work tirelessly on your behalf. You can contact us through our form online or by calling us at 253-203-1645 to arrange a meeting.