Evidence

Washington Court of Appeals Finds Officer Testimony Sufficient Evidence to Uphold A Conviction for Assault of a Law Enforcement Officer

Published on: November 14, 2018 | By The Law Offices of Smith & White, PLLC

Under Washington law, to convict a defendant of third-degree assault of a law enforcement officer the state is required to prove the officer was performing his or her job duties at the time of the assault and that the defendant intended to hit the officer. In Washington v. Eagle, the Court of Appeals of the State of Washington upheld the defendant’s conviction for third-degree assault of an officer, finding the officer’s testimony that he was performing his job at the time of the incident and believed the defendant intended to hit him was sufficient evidence of the crime charged. If you face assault charges, it is important to retain a Washington assault defense attorney who will aggressively advocate on your behalf.

Facts of the Case

Purportedly, a bystander called the police after she heard a man and woman fighting. When the police arrived, they spoke with a woman who stated the defendant hit her and pushed her to the ground. One of the police officers called the defendant, and the defendant agreed to meet with the officer at a park. After the defendant arrived, he spoke with the officer. The officer then advised the defendant he was under arrest. The defendant did not surrender to the arrest, and an altercation ensued, during which the officer had to force the defendant to the ground. The altercation was recorded via a surveillance camera. The defendant was charged with fourth-degree assault of the woman, but the charge was dropped. He was also charged with third-degree assault of a law enforcement officer.

Under Washington Law a Suspect can be Convicted of Unlawful Possession of a Firearm if Suspect has Actual Notice of a Firearm Prohibition

Published on: October 12, 2018 | By The Law Offices of Smith & White, PLLC

A felony conviction may affect your ability to possess a handgun under Washington law. If you are prohibited from possessing a firearm due to a conviction, the state must advise you of the prohibition at the time of your conviction, and the state must show that you were advised of the prohibition to prosecute you for unlawful possession of a firearm. In State of Washington v. Joaquin David Garcia, the Supreme Court of the State of Washington held, however, that a suspect could be convicted of unlawful possession of a firearm even if he or she was not advised of the prohibition at the time of his or her conviction, if he or she later became aware of the prohibition. If you are charged with unlawful possession of a firearm, it is important to confer with a knowledgeable Washington weapons charge defense attorney to ensure your rights are protected.

Facts of the Case

Purportedly, the suspect’s girlfriend advised her physician during an appointment that the suspect threatened her and was in the waiting room with a gun. Upon arrival of the police, the suspect allegedly admitted he had a gun but stated it was his girlfriend’s. The suspect further advised the officer he was a convicted felon and was not permitted to carry a gun. The officer found a gun on the suspect’s person.

Washington Appellate Court Holds Circumstantial Evidence of DUI Provides Sufficient Grounds for a Suspect’s Confessions to be Admitted into Evidence

Published on: October 5, 2018 | By The Law Offices of Smith & White, PLLC

If you are charged with a crime, whether or not you are convicted largely depends on what evidence the state is permitted to use against you at trial. Under Washington law, the state must set forth independent evidence of a crime before any confessions made by a suspect may be considered as evidence of guilt. In State of Washington v. Abdirauf A. Isse, the Court of Appeals of the State of Washington held that circumstantial evidence that a suspect was driving a vehicle while intoxicated was sufficient evidence to support a DUI charge, and therefore, the suspect’s statements that he was driving the vehicle were admissible. If you were charged with a DUI, it is essential to your defense to retain an experienced Washington DUI defense attorney to analyze the facts of your case and what defenses you can assert against the charges you face.

Facts of the Case

Allegedly, a police officer responded to the scene of a one-vehicle accident that occurred on an interstate highway. The suspect and a tow truck driver were present at the scene upon the officer’s arrival. The suspect stated he hit black ice and lost control of the vehicle. He retrieved the vehicle registration upon request, but stated the car was registered to his cousin. The suspect did not have a license. Upon realizing the vehicle would be towed, the suspect allegedly became angry and began to yell at the responding officer. The officer observed an odor of alcohol on the suspect’s breath and began to investigate the suspect for suspicion of DUI. During the investigation the suspect spit on several police officers. The suspect was subsequently charged with third degree assault and DUI. Prior to his trial, the suspect moved to suppress any statements he made during his arrest, which the court denied. Following the state’s presentation of its case, the suspect moved to dismiss the DUI charge, which the court denied as well. The suspect was convicted on both charges. He subsequently appealed his DUI charge.