In some cases in which a defendant is sentenced to imprisonment, he or she may be able to obtain a reduced sentence or compassionate release. There are strict parameters that define when a compassionate release is appropriate, and a court will not grant a defendant compassionate release unless the defendant demonstrates that one of the limited circumstances applies. Recently, a Washington court assessed whether the COVID-19 pandemic warrants sufficient grounds for a defendant serving a sentence for assault to obtain compassionate release, ultimately determining that it did not. If you live in Washington and are accused of committing assault, it is advisable to speak to a skillful Washington assault defense attorney to discuss your options.
Facts of the Case
It is reported that the defendant was serving a prison term of twenty months for assaulting a police officer. The defendant, who was 23-years-old, suffered from a heart murmur and filed an emergency motion for compassionate release, arguing that it was warranted due to the threat that he would become infected with COVID-19 while imprisoned. After reviewing the facts and relevant law, the court denied the defendant’s motion.
Grounds for Compassionate Release
Generally, a conviction that includes a sentence of imprisonment is a final judgment that may not be modified by a district court, with limited exceptions. For example, under the compassionate release statute, a defendant may only seek a reduction in a sentence when he or she establishes that he or she has met the statutory exhaustion requirements, a compelling and extraordinary reason supports the defendant’s motion, and the reduction sought is consistent with the policy statement, which sets forth the criteria for determining if a compelling reason for a sentence reduction exists.