In criminal cases, the state bears the burden of proof. Specifically, in order to prove a criminal defendant’s guilt, the state must establish each element of the charged offense beyond a reasonable doubt. In many instances, this means that the state has to prove the defendant acted with intent. In such cases, if the defendant is convicted despite a lack of evidence that they acted knowingly, their conviction may be reversed. This was illustrated recently in a Washington matter in which the court found that the state failed to prove that the defendant knowingly violated his domestic violence no-contact order. If you are charged with a crime of domestic violence, it is smart to contact a Tacoma domestic violence defense lawyer regarding your potential defenses.
History of the Case
It is reported that the defendant was subject to a domestic violence no-contact order that prevented him from coming within 500 feet of his estranged wife’s home. In September 2020, the wife’s neighbor saw the defendant walking in his backyard. The neighbor approached the defendant to ask him what he was doing on his property. Instead of responding, the defendant began to run and subsequently ran in front of his estranged wife’s trailer.
It is alleged that following the incident, the defendant was charged with numerous crimes, including felony violation of the domestic violence no-contact order. He waived his right to a jury trial, and the case proceeded to a bench trial. The court found that there was sufficient evidence to prove beyond a reasonable doubt that he knowingly violated the terms of his no-contact order. Thus, he was convicted. He then appealed. Continue reading