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.