In many criminal cases, whether a defendant is convicted of a greater or lesser offense depends on the state’s evidence against the defendant. As such, if you are charged with a crime, it is important to know what evidence the state intends to introduce against you and seek to exclude any prohibited evidence that may negatively affect your case.
In Washington v. Heyer, the Court of Appeals of the State of Washington affirmed a defendant’s conviction for third-degree assault, finding that testimony of a treating physician was not necessary to lay a foundation for a victim’s medical records to be admitted into evidence at trial. If you face assault charges, you should retain a skilled Washington criminal defense attorney to analyze the facts of your case and assist you in formulating a defense.
Allegedly, the defendant was at a car auction, where he bid on the same car as his victim. After the defendant won the car, the victim stated the defendant could use his commissary money to pay for the car, referring to the defendant’s prior imprisonment. In response, the defendant punched the victim in the face one or two times. The defendant was charged with second-degree assault. He waived his right to a jury and proceeded to a bench trial. During the trial the victim testified his nose would not stop bleeding following the assault and he was referred to a specialist due to a fracture. The defendant’s counsel objected to this testimony on the grounds that it was hearsay.