Assault

Washington Court Discusses Objections to a Domestic Violence No-Contact Order

Published on: December 18, 2020 | By The Law Offices of Smith & White, PLLC

People convicted of crimes of domestic violence are often prohibited from interacting with their victims via domestic violence no-contact orders. Thus, if a person subject to a no-contact order subsequently contacts the victim, it may result in additional criminal charges. While a no-contact order must be valid to be enforceable, there are specific parameters for objecting to an order as improper. The failure to comply with the correct procedural process can result in the waiver of rights, as demonstrated in a recent Washington ruling. If you are accused of violating a no-contact order or committing another crime of domestic violence, it is advisable to meet with a Washington domestic violence defense attorney to assess your options.

The Defendant’s Alleged Violation

Allegedly, the defendant was convicted of fourth-degree assault, which was a crime of domestic violence in October 2017. The court issued a five-year domestic violence no-contact order, barring the defendant from interacting with the victim either indirectly or directly or being within 500 feet of her. The defendant continued to contact the victim regardless, however.

It is reported that in January 2018 and March 2018, incidents occurred in which the defendant assaulted the victim. During the second incident, he took her purse as well. He was subsequently charged with two felony violations of the domestic violence no-contact order and robbery. Following a trial, the jury convicted the defendant, and he was sentenced to five years in prison. He then appealed, arguing in part that the no-contact order was invalid.

Washington Court Discusses Proving a Statement in a Criminal Trial is Prejudicial

Published on: December 5, 2020 | By The Law Offices of Smith & White, PLLC

In a criminal case, it is the prosecution’s duty to try to convince the jury that the defendant is guilty of the charged offenses. The prosecution must remain within the confines of the law, however, and cannot introduce evidence or testimony that is improper, as it may be prejudicial and result in an unjust verdict. Recently, a Washington court discussed what constitutes an improper and harmful statement in a case in which the defendant was convicted of multiple crimes, including assault. If you are accused of assault, it is advisable to meet with a Washington assault defense attorney to determine your options.

History of the Case

It is alleged that the defendant was raised by the victim, who was his grandmother. As he grew older, their relationship deteriorated. He ultimately moved out and went to live with the victim’s former romantic partner. One evening he entered the victim’s home and injected drugs into his arm. The victim told him to leave, after which the defendant held a gun to her head, stating he would kill her. He then struck the victim in the head with the gun.

It is reported that the victim and another individual were found dead. The defendant was charged with numerous crimes, including assault and murder, to which he pleaded not guilty. During its closing statement, the prosecution directed the jury that it should feel right in the gut, heart, and head to find the defendant guilty. The defendant was convicted, after which he appealed, arguing that the statements were prejudicial and amounted to prosecutorial misconduct.

Washington Court Discusses the State’s Burden of Proof Regarding Self-Defense

Published on: November 4, 2020 | By The Law Offices of Smith & White, PLLC

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.

Court Discusses the Admissibility of Motive Evidence in Washington Assault Cases

Published on: October 30, 2020 | By The Law Offices of Smith & White, PLLC

Assault crimes are often committed in the heat of the moment, in response to an emotionally charged event. Thus, if the State can produce evidence that demonstrates motive, it may be able to persuade a jury that a defendant is guilty of the offense charged. The admissibility of motive evidence was recently discussed in a Washington assault case in which the court denied the defendant’s appeal of his conviction. If you are charged with assault or another crime, it is smart to talk to a trusted Washington assault defense attorney to determine what evidence may be used against you.

The Alleged Assault

It is alleged that the defendant and his victim were engaged and lived together. The victim confronted the defendant regarding his drug use, and they became embroiled in a physical argument. The defendant choked the victim, who broke free and ran outside. The defendant then followed the victim and hit her and proceeded to drag her back into the house. A motorist passing by observed the incident and allowed the victim to call 911. The defendant then fled.

Reportedly, the defendant was arrested two days later. He was ultimately charged with second-degree assault, witness tampering, and other crimes. A trial was held before a jury, and the defendant was convicted as charged, and his offenses were deemed crimes of domestic violence. Following his sentencing hearing, he appealed.

Washington Court Overturns Assault Conviction on Double Jeopardy Grounds

Published on: October 6, 2020 | By The Law Offices of Smith & White, PLLC

While a person can be convicted of more than one crime for acts that occur during a single event, state and federal law prohibits a person from being convicted for the same criminal activity more than once. Thus, if a defendant is convicted multiple times for essentially the same crime, it may constitute a violation of the rule against double jeopardy and may be grounds for reversal. This was discussed in a recent Washington case in which the defendant was convicted for both second-degree and fourth-degree assault, for a single act. If you are accused of an assault crime, it is in your best interest to speak to a dedicated Washington assault defense attorney regarding your rights.

The Alleged Assault

It is reported that the police responded to a report of a domestic violence incident between the defendant and his victim. When the police spoke to the victim, she stated that the defendant had strangled her and bit her thumb and upper lip. The victim was covered in blood as well. The defendant was charged with second-degree assault for strangling the victim and two counts of fourth-degree assault for biting her.

Allegedly, during the trial, the victim testified that the defendant held her down rather than strangling her, and while he was holding her down, he bit her thumb. She denied that he bit her lip or that she advised the police that he bit her lip. The defendant was found guilty of second-degree assault and one of the counts of fourth-degree assault. The defendant appealed, arguing the acts for which he was convicted happened in a single assault and convicting him more than once constituted double jeopardy.

Washington Court Explains the First Aggressor Instruction in Assault Cases

Published on: September 23, 2020 | By The Law Offices of Smith & White, PLLC

Physically attacking someone often constitutes a crime. Specifically, in Washington, it may be grounds for assault charges. While engaging in physically violent behavior is generally unlawful, a defendant that is acting in self-defense might be found not guilty. If the State can show that the defendant was the first aggressor, however, the jury may be advised that self-defense is not available as a defense. In a recent Washington assault case, the court discussed the first aggressor exception to self-defense and when it applies. If you are accused of committing assault, it is prudent to meet with a trusted Washington assault defense attorney to evaluate your possible defenses.

Facts of the Case

It is reported that the defendant had a contentious relationship with the alleged victim, due to the fact that the defendant believed the victim had stolen one of his guns. At one point, the victim fired shots at the defendant’s house, and a bullet nearly struck the defendant in the head. There is conflicting evidence as to whether the victim threatened to kill the defendant. Approximately four years later, the defendant was at a gas station when he saw the victim sitting in a car in the parking lot.

It is alleged that the defendant fired multiple shots at the car and ultimately killed the victim. The defendant was charged with numerous counts of first-degree assault as well as first-degree murder. At trial, the jury was given the first-aggressor instruction. The defendant was found guilty as charged, after which he appealed. The appellate court reversed the conviction, stating that the first aggressor charge relieved the State of proving the defendant committed the alleged acts. The State then appealed.

Washington Court Discusses Incriminating Statements in Criminal Cases

Published on: September 15, 2020 | By The Law Offices of Smith & White, PLLC

As most people are aware, criminal defendants cannot be compelled to make incriminating statements and must be advised of their rights via a Miranda warning prior to any custodial interrogations. As such, any incriminating statement made by a person during a line of questioning that occurs prior to a Miranda warning may be precluded from evidence. Additionally, as discussed in a recent assault case, if a party makes an incriminating statement following such warnings, it may be inadmissible if the line of questioning as a whole constitutes a two-step interrogation. If you are charged with assault, it is wise to speak to a zealous Washington assault defense attorney to determine what arguments you may be able to set forth in your defense.

Facts of the Case

It is reported that the defendant and his victim lived in an RV together. A passerby alerted the police to an altercation outside of the RV, which prompted the police to report to the scene. When they arrived, they asked the defendant what happened, and he responded that he was trying to fix things between him and the victim. He further stated that he had not choked the victim, he was just trying to get her to talk to him. The defendant was given a Miranda warning, after which he was questioned.

Allegedly, he again denied choking or hitting the victim but stated that he placed his hands on her shoulders. The defendant was charged with assault with domestic violence allegations. Prior to trial, he filed a motion to preclude the statements he made to the police during the investigation. The court denied his motion, and he was convicted, after which he appealed.

Court Discusses Criminal Charges Against Minors in Washington

Published on: September 8, 2020 | By The Law Offices of Smith & White, PLLC

Although all citizens of Washington are expected to comply with the law, regardless of their maturity, the law presumes that children under a certain age lack the capacity to commit a crime. Thus, if a defendant charged with a criminal offense is under the age of twelve, the State must prove that the person understood the act he or she committed and knew that it was wrong. What constitutes evidence sufficient to overcome the presumption was discussed in a recent Washington assault case in which the court found the State failed to meet its burden of proof and reversed the defendant’s conviction. If you or your child are charged with assault, it is critical to retain a seasoned Washington assault defense attorney to assist you in fighting to protect your rights.

Facts of the Case

It is reported that the defendant, who was eleven years old, was confined to a juvenile detention center after she was charged with assaulting her grandmother, who was her legal guardian. While she was at the center, she was diagnosed with post-traumatic stress disorder, oppositional defiant disorder, and attention deficit hyperactive disorder, stemming from her troubled and traumatic childhood when she lived with her parents who suffered from mental illness and drug addiction.

Allegedly, while the defendant was at the detention center, she was charged with custodial assault. Before the trial on the custodial assault charge, the court held a capacity hearing and ultimately found that the defendant possessed the ability to commit the charged offense. The defendant appealed, arguing that the trial court incorrectly understood the law regarding juvenile capacity and therefore applied the wrong standard.

Washington Court Discusses What Constitutes an Involuntary Confession

Published on: August 28, 2020 | By The Law Offices of Smith & White, PLLC

It is well-established under state and federal law that a person accused of a crime cannot be compelled to make incriminating statements. In some instances, though, a criminal defendant may be coerced into making a statement that can be used against them, due to a lack of awareness regarding his or her rights. In a recent Washington case in which the defendant was accused of domestic violence assault with a firearm, the court discussed when an incriminating statement should be suppressed as an involuntary admission. If you live in Washington and are accused of committing a weapons offense, it is advisable to confer with a skilled Washington gun crime defense attorney to discuss what evidence the State may be permitted to use against you.

Facts of the Case

It is reported that the defendant and another woman were both romantically involved with the victim, but unaware of the existence of one another. They both became pregnant, after which the defendant broke up with the victim. The other woman learned that the defendant was also expecting the victim’s child, and reached out to the defendant. The two women then confronted the victim, and the victim testified that the defendant shot him in the leg.

Allegedly, the defendant was arrested three weeks later and transported to jail. She was advised of her Miranda rights and right to counsel, after which she stated she wished to make a statement. She was reminded of her right against self-incrimination and right to counsel but nonetheless admitted to participating in the shooting. She was then charged with first-degree assault with a firearm. She was convicted by a jury, after which she appealed, alleging in part that the statement she made in jail was coerced.

Court Explains Evidence Needed to Prove a Second Degree Assault in Washington

Published on: July 21, 2020 | By The Law Offices of Smith & White, PLLC

Often when a person is charged with assault, the evidence the State presents against the defendant is purely circumstantial. Thus, in many cases, there is insufficient evidence for the State to obtain a conviction. In some cases, the State will introduce evidence of substantial bodily harm to support the allegations a defendant committed assault. Recently, a Washington court discussed what constitutes sufficient evidence of substantial bodily harm in a case in which the defendant was convicted of second-degree assault of her minor son. If you are a Washington resident currently faced with assault charges, it is critical to retain a practiced Washington assault defense attorney to assist you in mounting a strong defense.

Facts Regarding the Alleged Assault

It is reported that prior to dropping the victim off at daycare, the defendant called the daycare to report that the victim had a bruise on his face due to an accident. Upon examination of the victim, the daycare noticed the victim had substantial bruising on his face and neck. As such, the daycare called the police, who began an investigation into the defendant. The defendant was ultimately charged with assault in the second degree of a child and was convicted following a trial. She then appealed, arguing, among other things, that there was insufficient evidence to support her conviction. Upon review, the appellate court affirmed her conviction.

Evidence of Substantial Bodily Harm

Under Washington law, a person will be found guilty of assault in the second degree of a child if the person is over eighteen years old, and the victim is under thirteen years old. There are numerous ways the State can prove assault in the second degree, one of which is through showing that a defendant intentionally assaulted another person, thereby recklessly causing substantial bodily harm. In turn, substantial bodily harm is defined under Washington law as a bodily injury that involves a disfigurement that is temporary but significant, a fracture, or temporary impairment or loss of bodily function.