Firearms

Washington Court Analyzes What Constitutes a Sentencing Hearing

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

Criminal defendants are afforded numerous rights and protections that continue even after a conviction. For example, a defendant has a right to be present and allocute at any sentencing or resentencing hearing. A Washington Appellate court recently discussed what falls under the statutory parameters of a sentencing hearing in a case in which the State filed a motion to amend a sentence to correct a facial invalidity pertaining to firearm enhancements. If you live in Washington and are currently charged with a crime involving the use of a firearm it is essential to retain a skilled Washington weapons charge defense attorney to aid you in formulating a strong defense.

Factual Background of the Case

Allegedly, the defendant was charged with and convicted of second-degree and first-degree kidnapping, second-degree assault, and harassment. Firearm enhancements were imposed for each count, with the exception of the harassment charge. A sentencing hearing was held, during which the court sentenced the defendant to consecutive sentences for each crime. At the hearing, the State requested that the firearm enhancements run concurrently. Thus, the court included a handwritten note regarding the firearm enhancements. The court failed to identify the total number of months of confinement, however.

Court Explains Sufficiency of Evidence in Washington Firearm Theft Case

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

In any case in which the State charges a defendant with theft of a firearm, the State must introduce adequate evidence of the charge to support a conviction. If a defendant is subsequently convicted and appeals on the grounds of insufficient evidence, the defendant effectively admits the truth of the State’s evidence but argues the evidence introduced by the State was insufficient to support a conviction. This was explained in a recent Washington appellate court case in which the court affirmed the defendant’s convictions for burglary and theft of a firearm. If you are charged with theft of a firearm or any other weapons charge it is critical to engage a knowledgeable Washington weapons charge defense attorney to help you develop a strong defense.

Factual Background of the Case

Allegedly, the defendant and his girlfriend lived in a shed on a female friend’s property. The defendant rented a storage unit, in which he and his girlfriend and female friend stored their belongings and stolen property. Shortly after the defendant began renting the unit, someone broke into three other storage units in the same property. A six-foot high fence surrounded the property, and an access code was required to open the gate. An investigation revealed that the defendant’s unique code had been used to enter the property ten times over three days.

It is further reported that security footage showed the defendant and his female friend exiting a car near the storage units that were robbed. One of the storage units that was burglarized held a gun safe that contained eight firearms. All of the firearms were missing following the burglary, and none were recovered. The defendant was charged with two counts of burglary, theft of a firearm, and unlawful possession of a firearm. The defendant was convicted of all charges except unlawful possession of a firearm. He subsequently appealed, arguing there was insufficient evidence to support his conviction.
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Washington Court Analyzes the Rule of Corpus Delecti

Published on: May 21, 2019 | By The Law Offices of Smith & White, PLLC

In any Washington criminal case, there are procedural and evidentiary rules with which both the State and the defendant must comply. If a defendant is convicted based on evidence introduced by the State at trial that lacks a proper foundation or was improperly obtained it can result in a reversal of a conviction. A Washington Court of Appeals recently addressed the issue of whether the evidentiary rule of corpus delecti applies in a case in which the defendant entered a guilty plea for robbery in the first degree with a firearm enhancement. If you are a resident of Washington and are currently charged with a crime that includes a firearm enhancement it is important to meet with a skillful Washington weapons charge defense attorney to discuss the impact the firearm enhancement may have on your case and what evidence the State needs to obtain a conviction.

Factual Background of the Case

Reportedly, in November 2015, the defendant and another person broke into the home of an elderly man with the intent of robbing the man. Upon entering the home, one of them forced the elderly man to the ground, pointed a gun at him and demanded he relinquish his property, while the other person searched the property. The defendant and his co-conspirator ultimately left the elderly man’s home with a substantial amount of property, after which they were arrested. The defendant was charged with first-degree robbery with a firearm enhancement, first-degree burglary, and unlawful imprisonment.

It is alleged that the defendant’s attorney advised the defendant that he would probably lose if the case proceeded to trial and would receive a substantial sentence. Thus, the defendant pleaded guilty, advising the court that he entered his plea knowingly and voluntarily. The defendant subsequently appealed his conviction, arguing in part that his conviction violated the corpus delecti rule.
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Court Discusses What Constitutes a Seizure in a Washington Weapons Crime Case

Published on: May 1, 2019 | By The Law Offices of Smith & White, PLLC

It is the duty of the police to ensure the safety of the public as a whole. In performing their job duties, however, the police are not permitted to violate the rights of individual citizens. One of the rights afforded individuals is the right to be free from unlawful seizure. If a person is unlawfully stopped, anything found during the seizure, such as a weapon, should be precluded from evidence in any trial for charges arising out of the seizure. A Washington appellate court recently addressed what constitutes a seizure in a case in which the defendant was convicted of unlawful firearm possession due to evidence found during an unlawful seizure. If you are charged with a weapons crime it is important to know how a conviction may impact your liberties and to engage an assertive Washington weapons charge defense attorney to help you present a strong defense.

Facts Regarding the Stop

It is alleged that the police received a call at 2:00 am regarding a suspicious vehicle in an alley. The caller stated that an unfamiliar vehicle was parked at the end of a dead-end street with its lights off. Two police officers responded to the call, each in his own patrol car. The patrol cars drove down the alley, but the police did not activate the cars’ overhead lights. The officers parked their cars and by doing so blocked the vehicle. The officers then approached the vehicle with flashlights and found the defendant and a woman in the vehicle. The defendant and his companion provided the police with identification, and the defendant informed the officers that he owned the vehicle.

Reportedly, the officers were informed by dispatch that the defendant was a convicted felon but that he did not have any outstanding warrants. The officers then spotted a gun in the backseat of the vehicle and made the defendant exit the vehicle. The officers subsequently obtained a search warrant and removed a loaded gun from the back seat. The defendant was charged with unlawful possession of a firearm. Prior to the trial, he moved to suppress all evidence and statements due to unlawful seizure. Following a hearing, the trial court ruled that the seizure was based on a reasonable suspicion of criminal activity, and therefore, was lawful. The defendant was convicted and sentenced to thirty-six months imprisonment, after which he appealed.

Court Reverses Washington Firearm Conviction Due to Use of Profile Evidence

Published on: April 24, 2019 | By The Law Offices of Smith & White, PLLC

Under Washington law, the State must prove each element of a crime to rightfully convict a defendant. For example, if a defendant is charged with possessing a stolen firearm the State must provide evidence showing that the defendant possessed a stolen firearm and acted with knowledge that the firearm was stolen. If the State does not have strong enough evidence to show the defendant actually knew the firearm he or she possessed was stolen in most cases, the State may try to rely on profile testimony in support of the charge. This was illustrated in a recent Washington appellate case, where a defendant’s conviction for possession of a stolen firearm was overturned after the State relied on testimony that because the defendant was a convicted felon he was more likely to possess a stolen firearm. If you are charged with a firearm crime in Washington it is critical to retain a seasoned Washington weapons charge defense attorney to assist you in precluding any evidence the State should not be permitted to introduce against you.

Facts Regarding the Crime and Trial

Allegedly, in June 2015, the defendant was confronted by a police officer pursuant to an outstanding warrant. The defendant ran away from the officer and threw a gun while he was running. The officer ultimately apprehended the defendant and retrieved the gun, which was reported stolen in October 2014. The defendant, who was a convicted felon, was charged with unlawful possession of a firearm and possession of a stolen firearm.

It is reported that during the trial, the State introduced testimony from multiple police officers regarding how convicted felons obtain guns. The officers each testified that “they” will steal them or buy them off the street. Further, the prosecuting attorney in his closing argument stated that it would be impossible to prove the defendant had actual knowledge that the gun was stolen, but “that’s how these guys are getting them.” The defendant was convicted of both charges after which he appealed the possession of a stolen firearm charge.
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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.