In many instances in which a defendant is convicted of a crime, the court has discretion with regard to the penalty to impose. In some cases, however, a sentence is mandatory and must be imposed regardless of a judge’s inclination to impose a lesser sentence. Recently, the Court of Appeals of Washington, Division 1, discussed whether an exceptional sentence is permitted in a case in which the defendant was convicted of domestic violence assault with a deadly weapon. If you are currently faced with a charge of domestic violence, you should consult a proficient Washington domestic violence attorney regarding the defenses that you may be able to assert.
Factual and Procedural Background
The defendant’s father had a domestic violence no-contact order that barred the defendant from coming within 500 feet of his father’s house. In January 2018, however, the police received a call that the defendant entered the father’s home and repeatedly stabbed his brother-in-law with a steak knife. The defendant was arrested on the following day and admitted to stabbing his brother-in-law, and he stated that he knew that he was not supposed to be in his father’s house. He was charged with domestic violence assault with a deadly weapon.
The defendant entered into a plea agreement and requested an exceptional sentence. The court granted the request in part, imposing an exceptional sentence of time served and the mandatory 12-month enhancement for deadly weapons. The defendant appealed, arguing that the court erred in finding that it did not have the discretion to impose an exceptional sentence for the weapons enhancement. Continue reading