In some criminal matters, even a defendant that admits to committing the allegedly criminal acts may be found not guilty if a valid justification for the behavior exists. For example, in many assault cases, the defendant may be able to avoid a conviction by demonstrating that the alleged unlawful acts were taken in self-defense. In a recent Washington assault case, the court discussed each party’s burden of proof with regard to self-defense. If you are accused of an assault crime, it is prudent to confer with a skilled Washington assault defense attorney to discuss your possible defenses.
The Alleged Assault
Allegedly, the defendant and her husband became involved in a verbal altercation over the fact that the defendant had a boyfriend. The defendant began looking for the deed to their house to prove that she was a co-owner but became enraged when she could not find it. She began throwing things and then started to hit and kick her husband. She ultimately charged him with a sword that was a replica from a movie and sliced his arm. The husband called 911 and had to be airlifted to a hospital due to his wounds.
It is reported that the defendant was arrested and charged with second-degree assault with a deadly weapon, which was deemed a crime of violence. The case proceeded to trial, and the defendant was convicted, after which she appealed, arguing in part that the State failed to produce sufficient evidence that she was not acting in self-defense. The appellate court ultimately rejected her arguments and affirmed her conviction.