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Assault
Washington Court Discusses Unjust Sentences in Domestic Violence Cases
A conviction for a domestic violence crime may not only result in criminal penalties, but it may also negatively impact a person’s relationships. For example, courts may determine that parents guilty of committing domestic violence offenses should be denied access to their children. Courts may only limit parental rights if it is necessary for the protection of children, though, and…
Washington Court Explains Evidence Sufficient to Establish Identity in Criminal Cases
In criminal matters, the burden of proof rests solely with the prosecution. In other words, the prosecution must offer evidence sufficient to establish not only that a crime was committed but also that the defendant is the person that committed the charged offense. If the prosecution is unable to meet its burden of proof, the defendant should not be convicted.…
Court Analyzes DNA Identification of Criminal Defendants in Washington
Under Washington law, law enforcement agencies have the duty to collect DNA samples from certain criminal defendants. If a criminal defendant refuses to submit to an agency’s request for a DNA sample, they may be compelled by the courts to comply. This was demonstrated in a recent case in which a defendant charged with an assault crime argued she should…
Washington Court Discusses Speedy Trial Violations
Criminal defendants have numerous rights under the state and federal constitutions, including the right to a speedy trial. If their constitutional rights are violated, it may provide grounds for vacating their convictions. Not all trial delays are deemed constitutional violations, however, as demonstrated in a recent Washington opinion issued in a matter in which the defendant appealed his conviction for…
Court Discusses Hearsay Evidence in Washington Criminal Cases
Generally, Washington law prohibits prosecutors from using hearsay evidence to attempt to establish a defendant’s guilt. The law permits the introduction of hearsay evidence for other purposes, however. Further, even if hearsay evidence is improperly introduced at a criminal trial, the error may not constitute sufficient grounds for overturning a guilty verdict. This was demonstrated in a recent ruling in…
Washington Court Discusses Evidence Needed to Establish Guilt in an Assault Case
In Washington criminal matters, the prosecution bears the burden of proving the defendant’s guilt. Specifically, the State must produce sufficient evidence to demonstrate, beyond a reasonable doubt, each element of the charged offense. If it cannot, the defendant should be deemed not guilty. Recently, a Washington court discussed what evidence is needed to prove a defendant committed an assault offense…
Washington Court Discusses Guilty Pleas in Criminal Matters
After a person is charged with a criminal offense, the court will conduct various hearings, including one in which the defendant is asked to enter a plea. While a person’s first inclination is usually to plead not guilty, in some cases, it makes sense to enter a guilty plea. Even if pleading guilty is the best strategy, it is not…
Washington Court Discusses Assault Charges Against Juveniles
Generally, juvenile offenders are treated differently than adults, and in many instances, criminal proceedings involving minor offenders are handled by juvenile courts. Serious crimes are often handled by adult criminal courts, though, and typically a conviction in adult court will carry more significant penalties. Recently, a Washington court issued an opinion discussing whether a minor criminal defendant has the right…
Washington Court Rules Admission of Social Media Posts in a Criminal Case was Proper
It is not uncommon for people to be familiar with one another without knowing each other’s names. As such, if a person witnesses a casual acquaintance committing a crime, the police and prosecution may rely on pictures or video to help the witness identify the offender. Recently, a Washington court addressed the issue of whether social media posts used to…