Assault

Court Discusses Timeliness of Personal Restraint Petitions in Washington

Published on: February 10, 2020 | By The Law Offices of Smith & White, PLLC

Given the unpredictable nature of criminal trials, in many cases, it is prudent to enter into a plea agreement with the State. Generally, a criminal defendant’s attorney will inform him or her of any plea offers, and advise the defendant of whether the offer is reasonable or whether the defendant should proceed to trial. If a defendant’s attorney does not communicate a plea offer, however, and the defendant is convicted, the defendant may not have any recourse if he or she does not learn of the offer in a timely fashion. This was explained in a recent assault case decided by the Court of Appeals of Washington, Division 3, highlighting the importance of retaining an effective attorney. If you are charged with assault, it is essential to retain an assertive Tacoma assault defense attorney to help you seek a favorable result.

Facts and Procedure of the Case

Allegedly, the defendant was charged with multiple crimes, including numerous assault offenses and possession of a stolen firearm. The court assigned a public defender to represent the defendant. The public defender received a plea offer from the prosecutor, which the public defender communicated with the defendant. The defendant declined to accept the offer. Subsequently, the prosecutor sent the public defender an offer with a recommended sentence of 120 months. The offer went unanswered and ultimately expired. A jury convicted the defendant on all but one charge, and the court sentenced him to 432 months imprisonment.

It is reported that the defendant appealed his conviction and sentence, but the appeal was denied. He then filed a personal restraint petition that was also denied. He subsequently filed a motion for relief from judgment, which was considered as a personal restraint petition. The court ultimately dismissed the petition as time-barred.

Court Discusses Intent Element of Washington Assault Charges

Published on: January 27, 2020 | By The Law Offices of Smith & White, PLLC

When a defendant is charged with a crime, the State is tasked with proving each element of the crime to prove the defendant’s guilt. If the State cannot meet this burden, the defendant should be found not guilty. For example, many crimes require the State to prove a defendant had actual intent to commit the crime with which he or she is charged. In a recent case in which the defendant was charged with assault, the court explained when the State is required to establish an intent to harm and when a defendant may be convicted despite the lack of evidence of intent. If you are a Washington resident charged with an assault offense, it is wise to confer with a dedicated Tacoma assault defense attorney to discuss what defenses you may be able to assert.

Facts Regarding the Defendant’s Arrest and Trial

It is reported that a police officer arrested the defendant for a suspected violation of a no-contact order. When the officer searched the defendant, he found drugs on the defendant’s person, after which the defendant attempted to flee the scene. The officer tackled the defendant, who then began kicking at the officer, eventually making contact. The defendant also stated that he should have kicked the officer in the head. The defendant was charged with third-degree assault.

Allegedly, during the trial, the defendant’s attorney stated in his opening and closing arguments that the State could not prove the defendant had the intent to harm the officer, as required to obtain a conviction. The defendant was convicted, after which he appealed.

Court Discusses Initial Aggressor Argument in Washington Assault Cases

Published on: January 7, 2020 | By The Law Offices of Smith & White, PLLC

It is common for a person charged with assault to argue that he or she was acting in self-defense. A defendant that successfully establishes that he or she merely committed the alleged acts to protect his or her self may be able to avoid a conviction. Self-defense only excuses a response to an illegal use of force, however. Thus, in many cases, the State will argue that the defendant initially instigated an altercation, and created the need to act in self-defense. In a recent case, the Court of Appeals of Washington, Division 3, explained when a jury instruction that the defendant was the initial aggressor of an argument is appropriate in assault cases. If you live in Washington and are charged with an assault offense, it is prudent to meet with a skillful Washington assault defense attorney to discuss your potential defenses.

Facts and Procedure of the Case

Allegedly, the defendant and his victim live in the same building and had prior confrontations. Then, in December 2017, the defendant approached the victim and began punching him. The defendant then strangled the victim, reportedly out of fear that the victim would use the knife he regularly carried to stab him. Several witnesses observed the incident. When the police arrived, the defendant admitted he started the altercation, and that he strangled the victim. He was charged with second-degree assault by strangulation. Following a trial, a jury convicted the defendant. He then appealed on several grounds, including the argument that the trial court committed an error in providing a first aggressor instruction to the jury.

First Aggressor Instruction

Under Washington law, a defendant charged with assault can argue that his or her acts were taken in self-defense. The self-defense argument is only available, however, in cases in which the defendant’s actions were taken in response to the unlawful use of force. In other words, a person who instigates a confrontation, thereby provoking the person to act in self-defense, is not responding to unlawful force and will not be found to be acting in self-defense. Thus, a first aggressor instruction is appropriate in cases in which there is credible evidence that would allow a jury to reasonably conclude the defendant provoked the need for the victim to act. The instruction is also appropriate in cases in which there is a dispute as to who began an altercation.

Court Discusses Sentences for Washington Cases Involving Deadly Weapons

Published on: December 26, 2019 | By The Law Offices of Smith & White, PLLC

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

Washington Court Discusses Grading Domestic Violence Violations of Probation

Published on: December 16, 2019 | By The Law Offices of Smith & White, PLLC

In many cases, a defendant convicted of a crime will be sentenced to supervised release subject to the terms and conditions set forth by the sentencing court. If a defendant on supervised release subsequently violates and of the conditions, he or she is required to comply with, the court may order the defendant to be sentenced to imprisonment. In a recent case in which the defendant violated the terms of his supervised released by committing a domestic violence assault, the United States District Court for the Western District of Washington analyzed how violations of supervised release should be graded by the courts. If you are charged with a crime or violation of supervised release in Washington, it is advisable to consult a Washington domestic violence attorney regarding your options for fighting to protect your liberties.

Facts and Procedure of the Case

It is alleged that the defendant, who was on supervised release, lived with his girlfriend, a recovering methamphetamine addict. The girlfriend attended support classes as part of her recovery and often gave rides to a man in the class who was unable to drive. The defendant became jealous and ultimately confronted the girlfriend at one of the classes. When the girlfriend returned home that evening, the defendant punched her in the face. He proceeded to leave a voicemail on the girlfriend’s father’s phone in which he threatened to kill the girlfriend. The girlfriend went to the defendant’s father’s house next door and locked herself in the bathroom. The defendant followed her and again threatened to kill her.

It is reported that the defendant was charged with violations of supervised release arising out of the assault. He then violated a no-contact order by asking the girlfriend to sign an affidavit in support of his defense. Probation issued a report asserting that the defendant violated his release by committing assault in the fourth degree – domestic violence, interfering with domestic violence reporting, threatening to kill, and violation of a no-contact order. Probation also submitted a sentencing guideline identifying the violation of the no-contact order as a felony, which probation argued was a class B violation. Probation recommended a sentence of 18 to 24 months. The court ultimately sentenced the defendant to 10 months’ imprisonment, after which the defendant appealed.

Washington Court Analyzes Admissibility of an Assault Victim’s Medical Records

Published on: December 6, 2019 | By The Law Offices of Smith & White, PLLC

In many domestic violence cases, the defendant will dispute the alleged victim’s account of events, arguing that the victim has an ulterior motive for making the accusations or that the victim’s account is unreliable. Thus, it is not uncommon for a defendant to seek to introduce evidence to impeach the victim, but not all evidence will be deemed admissible. In a recent Washington appellate case, the court analyzed when medical records indicating a victim had an altered perception of reality may be introduced to impeach the victim in a domestic violence assault trial. If you reside in Washington and are charged with a domestic violence crime, you should speak with a trusted Washington domestic violence defense attorney to discuss what you can do to protect your rights.

Factual and Procedural Background of the Case

It is alleged that the defendant and his wife, the reported victim, had an argument. During the argument, the defendant told his wife to kill herself, stated he would kill her himself and strangled her twice. The wife testified that during both times the defendant strangled her, she couldn’t speak or breathe, she had tunnel vision, and she thought the defendant was going to kill her. The defendant was charged with one count of domestic violence second-degree assault for each of the strangling instances, as well as a count of felony harassment for threatening to kill the wife.

Reportedly, the wife was diagnosed with bipolar disorder shortly before the alleged assault. During the trial, the husband sought to introduce medical records regarding the wife’s diagnosis and alleged symptoms, to support his position that the wife had an altered perception of reality at the time of the alleged assault. The court deemed the records inadmissible. The defendant was convicted on all counts, after which he appealed, arguing, in part, that the trial court erred in excluding the victim’s medical records.

Washington Court Analyzes Exceptions to the Rule Against Hearsay

Published on: November 25, 2019 | By The Law Offices of Smith & White, PLLC

Under Washington criminal cases, hearsay evidence is inadmissible. In other words, the State cannot introduce evidence of an out of court statement made by another party, to show the truth of the matter of the statement. There are exceptions to the rule, though, that will render hearsay evidence admissible. For example, if a statement was made under certain conditions, it may fall under the excited utterance exception to the rule against hearsay, as demonstrated in a recent domestic violence case. If you are a Washington resident charged with a crime of domestic violence, it is wise to speak with a capable Washington domestic violence defense attorney regarding what evidence the State may introduce against you.

Facts of the Case

It is alleged that the defendant and his victim were former romantic partners who decided to resume their relationship. In January 2018, the victim picked up the defendant, who appeared angry. The defendant proceeded to verbally and physically assault the victim while she was driving. The victim then drove her car into the parking lot of a casino, where she hoped to drop the defendant off. The victim noticed a police officer patrolling the lot and drove her car directly at him, yelling that the defendant had just assaulted her.

Reportedly, the officer ordered the defendant out of the car and questioned the victim, who stated that the defendant told her he wanted to kill her, and she was in imminent fear for her life. The officer noticed redness around the victim’s neck as well. The defendant was charged with three crimes of domestic violence, including second-degree assault. The case proceeded to trial, during which the officer testified regarding the victim’s statements prior to the defendant’s arrest. The defendant was found guilty, after which he appealed, arguing that the trial court abused its discretion in allowing the victim’s statements to be admitted under the excited utterance exception of the rule against hearsay.

Washington Court Discusses Reasonable Alternatives Argument in Assault Cases

Published on: September 30, 2019 | By The Law Offices of Smith & White, PLLC

If a defendant is charged with assault in Washington, depending on the facts of the case, he or she may be able to argue that the allegedly offensive acts were taken in self-defense. In response to a defendant’s argument that he or she was acting in self-defense, the State may attempt to argue that other reasonable alternatives existed that would have enabled the defendant to avoid engaging in the use of force. Recently the Court of Appeals of Washington analyzed whether a reasonable alternatives argument is appropriate, in a case in which the defendant was granted a new trial due to prosecutorial misconduct. If you reside in Washington and are charged with assault it is prudent to meet with a knowledgeable Washington assault defense attorney to discuss what defenses may be available in your case.

Facts Regarding the Alleged Assault

It is reported that the defendant and his girlfriend were walking their dog at night on a trail near the defendant’s house. The defendant had a permit to carry a handgun and was carrying the gun in a holster around his waist during the walk, due to his girlfriend’s concerns for their safety. During the walk, the defendant and his girlfriend encountered two men who appeared to be fighting. One of the men was swinging a detached gutter at the other. Thus, the defendant approached the men to ask if everything was okay.

Allegedly, the men, who were intoxicated, stated they were fine. The defendant began walking back towards his home, but one of the men allegedly followed the defendant and began interrogating him, stating he touched his property. The defendant continued to walk towards his home, but the man became more aggressive and angrier. Ultimately, the defendant took his gun out of the holster and fired it three times at the ground near the man’s feet. The defendant was charged with assault in the first degree while armed with a firearm. During the trial, he argued that he was acting in self-defense, but the prosecution argued he failed to engage in reasonable alternatives. The defendant was convicted of assault in the first degree while armed with a firearm, after which he appealed.

Court Discusses Limitations of Washington Domestic Violence No Contact Orders

Published on: September 6, 2019 | By The Law Offices of Smith & White, PLLC

In Washington, in any case in which a defendant is convicted of a domestic violence crime, in addition to imposing a sentence and fines on the defendant, the court may issue a domestic violence no-contact order (DVNCO). While Washington courts are permitted to enter a DVNCO, their authority in defining the duration and terms of the DVNCO are limited by statute and case law, as recently explained by a Washington appellate court. If you are a Washington resident and are currently facing charges of a crime of domestic violence it is essential to meet with a knowledgeable Washington domestic violence defense attorney regarding your rights and protections afforded by the law.

Procedural and Factual Background

Reportedly, the defendant was charged with domestic violence assault and malicious mischief of the alleged victim. Following a jury trial, the defendant was convicted as charged. The trial court then entered a felony judgment and sentence of twenty-nine months imprisonment for the assault conviction. The court also sentenced the defendant to 364 days confinement for the malicious mischief conviction, which was a gross misdemeanor, to run consecutively with the felony sentence, but suspended 244 days of the sentence.

It is alleged that the court then issued a DVNCO stating that the defendant was prohibited from contacting the victim for ten years. The defendant appealed the DVNCO with regards to the malicious mischief conviction, arguing that the DVNCO must be limited to the length of the suspended sentence. The appellate court agreed and remanded the case for a separate DVNCO for the malicious mischief conviction. Continue reading

Washington Court Discusses the Right to Confront Witnesses in Criminal Cases

Published on: August 19, 2019 | By The Law Offices of Smith & White, PLLC

Criminal defendants have numerous rights under state and federal law, including the right to confront a witness. In other words, a person charged with a crime has a right to question the anyone testifying on behalf of the State, and if a person is denied that right it may result in an unjust conviction. A Washington appellate court recently explained what constitutes a violation of the Sixth Amendment right to confront a witness in a case in which the defendant was charged with assault. If you are a resident of Washington facing assault charges it is critical to meet with a seasoned Washington assault defense attorney as soon as possible to discuss your rights.

Facts and Procedures of the Case

It is reported that the defendant’s mother was awoken by screams in the early morning, after which she went into the room her son shared with his girlfriend, where she encountered the girlfriend who had a swollen eye and blood on her face and appeared frightened. The defendant and his mother were the only other two people in the house. The defendant’s mother called 911 and reported that the defendant struck the girlfriend in the face. The mother handed the girlfriend the phone and the girlfriend stated that she thought her jaw was broken. When the police arrived the girlfriend told the officer that the defendant punched her in the face. EMS arrived as well, and transported the girlfriend to the hospital, where she told the emergency room doctor that the defendant hit her.

It is alleged that the defendant was arrested and subsequently charged with assault in the second degree. The police could not find the girlfriend prior to the trial and the case was tried without her. The defendant was convicted and appealed, arguing that the admission of the girlfriend’s out of court statements that he hit her violated his right to confront witnesses.