Criminal defendants have numerous rights under state and federal law, including the right to confront a witness. In other words, a person charged with a crime has a right to question the anyone testifying on behalf of the State, and if a person is denied that right it may result in an unjust conviction. A Washington appellate court recently explained what constitutes a violation of the Sixth Amendment right to confront a witness in a case in which the defendant was charged with assault. If you are a resident of Washington facing assault charges it is critical to meet with a seasoned Washington assault defense attorney as soon as possible to discuss your rights.
Facts and Procedures of the Case
It is reported that the defendant’s mother was awoken by screams in the early morning, after which she went into the room her son shared with his girlfriend, where she encountered the girlfriend who had a swollen eye and blood on her face and appeared frightened. The defendant and his mother were the only other two people in the house. The defendant’s mother called 911 and reported that the defendant struck the girlfriend in the face. The mother handed the girlfriend the phone and the girlfriend stated that she thought her jaw was broken. When the police arrived the girlfriend told the officer that the defendant punched her in the face. EMS arrived as well, and transported the girlfriend to the hospital, where she told the emergency room doctor that the defendant hit her.
It is alleged that the defendant was arrested and subsequently charged with assault in the second degree. The police could not find the girlfriend prior to the trial and the case was tried without her. The defendant was convicted and appealed, arguing that the admission of the girlfriend’s out of court statements that he hit her violated his right to confront witnesses.