Firearms

Court Discusses Evidence Needed to Show Unlawful Firearm Possession in Washington

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

When a person is convicted of a crime in Washington, in addition to any sentence or fines imposed following the conviction, the person may lose the right to possess a firearm. Thus, if the person is subsequently found to be in possession of a firearm he or she may be charged with unlawful possession of a firearm. A Washington court of appeals recently discussed what constitutes sufficient evidence of possession, in a case in which it overturned a conviction for unlawful possession of a firearm. If you were charged with unlawful possession of a firearm, you should consult a capable Washington criminal defense attorney proficient in handling firearm cases to discuss what evidence the State may introduce against you.

Discovery of the Firearm

Reportedly, the defendant was under Department of Corrections supervision. The terms of his supervision required him to provide a valid address. The defendant reported he was living with his girlfriend, after which the defendant’s supervising community corrections officer conducted a routine home search. The father of the defendant’s girlfriend was the only person home during the search and confirmed that the defendant had recently moved into the home. Additionally, there was clothing that appeared to belong to a man throughout the home, including clothing the defendant had been observed wearing. During the search, the officer found a firearm in the living room. DNA testing revealed that the defendant’s fingerprint was on the firearm. The defendant was subsequently charged with and found guilty of unlawful possession of a firearm.

Court Reverses Washington Unlawful Firearm Conviction Due to Unlawful Stop

Published on: March 18, 2019 | By The Law Offices of Smith & White, PLLC

The law affords individuals certain rights, including the right to be free from unreasonable search and seizure. In other words, the police are not permitted to detain or search a person without a reasonable basis. Further, the State is precluded from introducing any evidence obtained during an unlawful stop against a defendant. If a conviction is based on evidence obtained during an unlawful stop, it may be grounds for a reversal of the conviction, as evidenced in a recent case in which a Washington court of appeals vacated a conviction for unlawful possession of a firearm. If you or a loved one are facing charges of unlawful possession of a firearm, you should meet with a skilled Washington criminal defense attorney to discuss your available defenses.

Facts Surrounding the Defendant’s Charges

Allegedly, the defendant was a seated passenger in a car parked in the parking lot of a grocery store. A man who parked next to the defendant’s car, observed the defendant holding a gun on his lap. The man went into the grocery store and called 911 to report what he observed. An officer responded to the call, an observed the car in which the defendant was a passenger leaving the lot. The officer subsequently conducted a felony stop. The driver, who claimed she was the owner of the car, denied there were any firearms in the car and gave the officer consent to search the car. It was determined that the defendant had prior felony convictions and was under Department of Corrections (DOC) supervision, so DOC was contacted to conduct the search.

Washington Court Examines Sufficiency of Evidence for Firearm Enhancement

Published on: March 11, 2019 | By The Law Offices of Smith & White, PLLC

In Washington, there are certain factors that can increase a person’s sentence if he or she is convicted of a crime. For example, firearm enhancements can increase the sentence for a felony conviction. A Washington appellate court recently discussed the sufficiency of evidence needed to support a firearm enhancement in a case in which the defendant argued that there was insufficient evidence to support the enhancement following her assault, kidnapping, and robbery convictions. If you are charged with a criminal offense involving the use of a firearm, it is important to retain an experienced Washington criminal defense attorney to analyze what evidence the State may introduce against you and the effect any evidence may have in the event of a conviction.

Facts Surrounding the Alleged Crime

It is reported that the defendant and two other individuals robbed multiple people inside a house. The defendant demanded money and drugs from one of the victims. Additionally, at three different points during the robbery, she allegedly pointed what appeared to be a gun at people. Ultimately, the defendant and her accomplices left the home. They were apprehended about a mile from the house. After searching the vehicle in which the defendant and her accomplices were traveling, the police found a rifle, a shotgun, and two pistols. On further inspection, however, it was revealed that only the shotgun was a real gun, as the rifle and pistols were pellet guns. The defendant was charged with a multitude of crimes, including robbery, assault, and kidnapping. Following a trial, a jury found her guilty on all charges and found that she was armed with a firearm during the crimes. The defendant appealed on several grounds. One of the arguments set forth by the defendant was that there was insufficient evidence to support the firearm enhancements to her kidnapping, robbery, and assault convictions.

Washington Court Upholds Consecutive Sentences For Firearm Convictions

Published on: March 4, 2019 | By The Law Offices of Smith & White, PLLC

Under Washington law, if a person is convicted of more than one crime, any sentences imposed typically run concurrently. Courts have the discretion to order sentences to run consecutively, however, and such orders will not be overturned absent an abuse of discretion.

A Washington appellate court recently affirmed a court’s order for consecutive sentences following a defendant’s conviction for unlawful possession of a firearm, in part due to the defendant’s repeated commission of the offense. If you are charged with unlawful possession of a firearm, you should consult a seasoned Washington criminal defense attorney to discuss your case.

Charges Against the Defendant

Reportedly, the defendant was convicted of drug offenses and armed robbery as a juvenile, for which he served a three-year prison term. Following his release, he married and began his own business. Then, in 2015, he was charged with two counts of unlawful possession of a firearm and promoting prostitution in Pierce County. He was released pending trial with the condition that he not engage in illegal conduct or possess any firearms or weapons. He failed to appear for a scheduled hearing, after which the court issued a bench warrant. The defendant was arrested in King County and had a firearm in his possession at the time of his arrest. He was subsequently charged with unlawful possession of a firearm. Later that month, he was charged with second-degree assault with intent to commit second-degree rape.

Washington Court Holds Deadly Weapon Enhancements are not Discretionary

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

A Washington law known as the Sentencing Reform Act provides standard sentencing ranges that set forth what the legislature has deemed an appropriate sentence for a crime. A sentencing court is not always required to abide by the standard sentence, and in some cases may set forth an exceptional sentence, which is a sentence that is below the sentencing range.

Recently, a Washington Court of Appeals explained when a court’s refusal to issue an exceptional sentence and noted that a court’s discretion to impose an exceptional sentence does not extend to deadly weapon enhancements. If you face charges for a crime that involves the use of a deadly weapon, you should speak with a knowledgeable Washington criminal defense attorney to discuss your available defenses.

Facts Surrounding the Alleged Crimes

Reportedly, the defendant participated in what he believed was an organized robbery of a marijuana dispensary with some of the dispensary employees. The dispensary supervisor saw the robbery on surveillance video and called 911. The defendant and his co-conspirators were subsequently arrested and the defendant was charged with robbery in the first degree and unlawful imprisonment.

Washington Court Rules Gun Found During Terry Stop Can be Admitted into Evidence

Published on: February 18, 2019 | By The Law Offices of Smith & White, PLLC

If you are charged with a crime, in part, due to a firearm found during a search without a warrant it is essential to determine whether the search constituted an unreasonable search and seizure and therefore, the evidence of the gun should be suppressed.

A Washington court of appeals recently discussed the grounds for permitting a Terry stop, an exception to the rule a warrant is needed to conduct a search, in assessing whether to overturn convictions based on a firearm and other evidence found during the stop. If you are charged with a firearm related crime, it is in your best interest to retain an experienced Washington criminal defense attorney to fight to preclude evidence that the State should not be permitted to use.

Facts Regarding the Traffic Stop

Reportedly, in the early morning hours of October 16, 2015, the police received four calls within a few minutes regarding an active shooter at a gas station. A police officer responded to the call and observed two men sitting in an SUV near the entrance of the gas station parking lot. The men matched the description of the shooters that were provided in the 911 calls. The officer initiated a traffic stop and ordered the passengers of the SUV to exit the vehicle. The passengers were frisked, handcuffed, read their Miranda warnings, and placed in the back of a police car.

Washington Court Explains Grounds for Restitution

Published on: February 13, 2019 | By The Law Offices of Smith & White, PLLC

If you are charged with a crime, it is important to understand the penalties you may face if you are convicted. There is a range of penalties that may be imposed following a conviction, including restitution. Restitution can only be ordered in circumstances, however.

A Washington Court of Appeals recently analyzed the grounds for ordering restitution in State v. Walls, a case in which the defendant objected to a restitution order following a conviction for theft of a weapon. If you are charged with a weapons crime, you should meet with a skilled Washington criminal defense attorney as soon as possible to discuss the charges you face and possible defenses.

Facts Regarding the Defendant’s Alleged Crime

Reportedly, the defendant was served with a no-contact order for assaulting his wife. He then visited a friend and asked the friend if he could look at his guns. When the friend went into another room, the defendant stole one of the friend’s pistols. He then went to his estranged wife’s home and used the pistol to threaten his wife and her boyfriend. The defendant admitted he stole the pistol from his friend, after which the police placed the gun into evidence. The defendant was charged with several crimes, including theft of a firearm. He pled guilty to the charges and agreed to pay restitution as part of his plea agreement. The State subsequently requested restitution for the stolen pistol, to which the defendant objected. The trial court overruled the defendant’s objection and ordered the defendant to pay $440 in restitution. The defendant appealed.

Washington Court Upholds Firearm Charge Conviction Due to Cumulative Evidence

Published on: January 7, 2019 | By The Law Offices of Smith & White, PLLC

If you face charges of unlawful possession of a firearm, it is essential to retain an attorney that will seek the prohibition of any evidence that should not be admitted against you at trial. Recently, a Washington appellate court upheld a defendant’s conviction, finding that his attorney’s failure to object to the state’s admission of written statements regarding his alleged firearm crimes did not constitute a prejudicial error. If you face charges of a weapons crime, you should meet with a skilled Washington weapons charge defense attorney who will fight vigorously to preclude any evidence the state should not be permitted to introduce against you.

Facts Regarding the Alleged Crime and Investigation

Reportedly, the defendant stayed at his brother’s apartment on occasion. The defendant did not have a key to the apartment and was only permitted in the apartment with his brother’s permission. The defendant was one of few people who knew his brother owned a gun and where it was stored. The defendant’s brother came home one evening to find his apartment window broken and his gun missing. He contacted the police and advised them as to what had occurred, and also claimed that his brother was the likely suspect. He provided the police with a written statement as well. The defendant allegedly texted his brother, asking why he was a suspect and stating he was only borrowing the gun and intended to return it.

Allegedly, the defendant’s brother found the gun in a plastic bag on the handle of his front door a few weeks later. He contacted the police and provided them with a second written statement. The defendant was subsequently charged with and convicted of first-degree burglary, theft of a firearm, and second-degree unlawful possession of a firearm. The defendant appealed his conviction, arguing that his attorney provided ineffective assistance of counsel due to his failure to object to the introduction of his brother’s written statements at trial. On appeal, the court affirmed.

Supreme Court of the State of Washington Clarifies that Any Five Year Conviction Free Period Meets the Statutory Requirement for Restoration of Gun Rights

Published on: October 19, 2018 | By The Law Offices of Smith & White, PLLC

Under Washington law, a person who has lost their firearm rights due to a conviction of certain felonies may petition the court to have his or her firearm rights restored after a five year period without any convictions or charges. In State of Washington v. Edgar Dennis III, the Supreme Court of the State of Washington held that a person eligible for restitution of firearm rights after five years need not prove that the five year period immediately precedes the application for restoration. If you were prohibited from possessing firearms due to a prior conviction and would like to have your right to possess a firearm reinstated, you should consult an experienced Washington weapons charge defense attorney to discuss your options.

Facts of the Case

Allegedly, in 1991, Petitioner was convicted of robbery, assault, and two felony violations of the Uniform Controlled Substances Act, after which he was prohibited from possessing a firearm. Petitioner was also convicted of third-degree assault in 1998. Petitioner was not convicted of any crimes for the next fifteen years. Then, in 2014, petitioner was convicted of negligent driving, which is a misdemeanor. In 2016, petitioner filed a petition for restoration of his firearm rights, without disclosing his 2014 conviction. The state objected, arguing that the law required a five year period in which the petitioner was free of convictions, which must immediately precede the petition. The court denied the petition. Petitioner filed a motion for reconsideration, arguing that any five year period without convictions met the five-year requirement set forth under the law. The court denied the motion, after which the petitioner appealed. The appellate court affirmed the trial court ruling, after which petitioner appealed to the Supreme Court of the State of Washington.

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.