Firearms

Washington Court Discusses the Prosecution’s Burden in Gun Crime Cases

Published on: May 6, 2021 | By The Law Offices of Smith & White, PLLC

People convicted of felony crimes are often prohibited from owning weapons, and if they are stopped with guns in their possession, they can face criminal charges. Weapons crimes, like many offenses, often require the prosecution to establish the defendant’s intent. Thus, if the State cannot show that defendant knew it was illegal to possess a weapon, it should not be able to obtain a conviction for the crime of being a felon in possession of a firearm. This was demonstrated in a recent Washington opinion in which the court explained what the prosecution must prove with regard to the defendant’s mental status to establish guilt in weapons cases. If you are charged with unlawful possession of a firearm, it is prudent to meet with a Washington gun crime defense lawyer to assess your options.

The Defendant’s Arrest

It is alleged that the defendant has a storied criminal past, including convictions for multiple felonies. In 2011, an anonymous source advised a federal agent that the defendant possessed weapons and was selling drugs out of his home. As the defendant was on probation, the agent contacted a State corrections officer who conducted a probation search of the defendant’s home. The search revealed two guns, ammunition, and other weapons paraphernalia.

It is reported that the defendant was arrested and charged with being a felon in possession of a firearm in violation of federal law and other crimes. He was convicted on all counts, after which he filed numerous appeals. Continue reading

Washington Court Discusses Proof of Unlawful Possession of Firearms

Published on: April 23, 2021 | By The Law Offices of Smith & White, PLLC

In Washington, people convicted of felony offenses typically lose the right to own firearms. Thus, if a person who is not permitted to own a gun is found with one in his or her possession, it may result in additional charges. As possession is a key element of many weapons offenses, if the State cannot produce sufficient evidence to demonstrate a defendant actually had a weapon, the defendant should not be found guilty. Recently, a Washington court set forth an opinion discussing what evidence is needed to demonstrate possession of a weapon in a case in which the defendant argued his conviction was improper. If you are charged with a weapons crime, it is in your best interest to meet with a knowledgeable Washington criminal defense lawyer to discuss your possible defenses.

The Defendant’s Charges

It is reported that police were working with detectives to investigate drug crimes. They ultimately obtained a warrant to search the home of the defendant, and during their search, found a sawed-off shotgun and two other weapons. The defendant was subsequently charged with multiple crimes, including unlawful possession of a firearm and unlawful possession of an illegal firearm. He moved to suppress the evidence obtained in the search at trial, but his motion was denied. He was ultimately convicted of the charged offenses by a jury, after which he appealed.

Evidence Needed to Establish Possession of a Weapon

On appeal, the defendant argued, in part, that the State failed to produce adequate evidence to convict him of unlawful possession of firearms. Specifically, he asserted that the evidence presented at trial merely showed that he was in the proximity of guns seized by law enforcement. The appellate court disagreed and affirmed his conviction. Continue reading

Washington Court Vacates Firearm Conviction that Violates Double Jeopardy

Published on: March 23, 2021 | By The Law Offices of Smith & White, PLLC

While people generally have the right to own weapons, some people who have prior felony convictions are barred from owning firearms and can face criminal charges if guns are found in their possession. While a person that is not permitted to own guns can be charged with multiple weapons charges, they cannot be charged more than once for possessing the same weapon, and if they are, it likely constitutes double jeopardy. This was demonstrated in a recent Washington ruling in which the court reversed one of the defendant’s convictions for unlawful possession of a weapon. If you are charged with a weapons offense, you may be able to avoid a conviction, and it is advisable to speak to a knowledgeable Washington gun crime defense attorney to evaluate your rights.

The Defendant’s Arrest

It is reported that a barista called the police and reported that the defendant visited the drive-through window of a coffee shop, reported that he was running from the police, and showed the barista a revolver. Three days after that incident, the defendant shot a person with a revolver when he was at a lake. The defendant was subsequently charged with multiple offenses, including two counts of unlawful possession of a firearm. He was convicted as charged. He then appealed his firearm convictions, arguing that the two counts arose out of the same conduct and that double jeopardy applied, requiring the court to vacate one of his convictions. The court ultimately agreed.

Double Jeopardy in the Context of Gun Crimes

The court explained that double jeopardy protections are provided by the constitution, and therefore, the defendant did not waive his right to raise this argument by asserting it for the first time on appeal. The principle of double jeopardy prohibits a person from being put in jeopardy more than once for the same offense. Continue reading

Washington Court Discusses Sentencing for Firearm Enhancements

Published on: January 8, 2021 | By The Law Offices of Smith & White, PLLC

People charged with weapons crimes in Washington may face significant penalties. In some instances, it is within the discretion of the sentencing court to determine whether the circumstances warrant a lesser sentence than called for by the guidelines. Extraordinary sentences will only be granted in certain circumstances, though, as demonstrated in a recent Washington ruling. If you are accused of committing a crime involving a firearm, it is advisable to meet with a knowledgeable Washington weapons charge defense attorney to discuss your options.

The Defendant’s Conviction and Sentence

It is reported that the defendant was charged with unlawful possession of a firearm and robbery with a firearm enhancement. He pleaded guilty to both charges. He was nineteen years old at the time he committed the offenses. Thus, during the sentencing hearing, he requested that he receive an exceptional sentence due to his youth. For the base sentence, the trial court imposed a sentence of fifty-four months imprisonment, which was below the standard range. For the firearm enhancement, though, the court found that it did not have the discretion to reduce the standard sentence or to allow it to run at the same time as the base sentence and sentenced the defendant to sixty additional months in prison. The defendant then appealed.

Discretion in Sentencing for Convictions of Firearm Charges

On appeal, the court affirmed the trial court ruling. The court was not persuaded by the defendant’s argument that the trial court failed to acknowledge its discretion to reduce the length of the firearm enhancement or to permit it to run at the same time as the base sentence, as an exceptional sentence based on the defendant’s youth. Instead, the court noted that it recently ruled on the precise issue at hand, nothing that trial courts do not have the authority to impose an exceptional downward sentence for a firearm enhancement, in cases in which the defendant was not a juvenile at the time the crime was committed.

Washington Court Vacates Firearm Conviction that Violated Double Jeopardy

Published on: December 13, 2020 | By The Law Offices of Smith & White, PLLC

While criminal defendants can be charged with multiple crimes that are similar, they cannot be charged numerous times for the same offense. Thus, if a defendant is charged with different degrees of unlawful possession of a firearm for a single uninterrupted act, it may constitute a violation of the right against double jeopardy. This was the topic of a recent Washington ruling in which the court vacated one of a defendant’s two convictions for the same act. If you are charged with a weapons crime, it is in your best interest to speak to a Washington weapons charge defense attorney to determine your rights.

The Defendant’s Charges

It is reported that while the defendant was being arrested for the possession of marijuana as a minor, a handgun fell out of his pocket. He had previous convictions that prohibited him from possessing a weapon. Thus, he was charged with two counts of unlawful possession of a firearm, one first-degree charge, and one second-degree. He was convicted on both counts, after which he appealed, arguing his convictions violated double jeopardy.

Double Jeopardy with Regards to Weapons Charges

Pursuant to the United States and Washington Constitutions, no person can be put in jeopardy twice for the same offense. This is known as the prohibition against double jeopardy, and it prohibits the State from imposing numerous punishments for the same crime. If a defendant is convicted of violating one law multiple times, each conviction can only withstand analysis under double jeopardy standards if each one is a separate unit of prosecution.

Washington Court Discusses Sufficient Proof of Possession a Real Firearm

Published on: November 18, 2020 | By The Law Offices of Smith & White, PLLC

People convicted of felonies often lose the right to own weapons, and the mere act of possessing a firearm can result in significant penalties. The State must prove each element of a charged firearm offense through competent evidence, though, and if it cannot, it should not be able to obtain a conviction. Recently, a Washington court assessed what constitutes sufficient proof of possession of a real firearm, in an opinion arising out of an appeal of an unlawful possession conviction. If you are accused of illegally owning a gun, it is in your best interest to consult a skilled Washington weapons charge defense attorney to assess your rights.

The Defendant’s Arrest and Trial

It is reported that a police officer approached a car that was parked in a closed parking lot. There were two people sitting in the front seats, and the defendant was sitting alone in the back seat. The officer noticed a semiautomatic weapon on the floor of the car by the defendant’s feet. The defendant would not keep his hands in view, after which he was removed from the car. The officer obtained consent to search the vehicle and retrieved the gun.

Allegedly, he then obtained a warrant and found a holster for the gun under a blanket in the backseat, illicit substances, and paraphernalia related to the sale of illegal drugs. The defendant was charged with multiple gun and drug crimes. He was convicted, after which he appealed, arguing in part that there was insufficient evidence to prove that he was in possession of an actual firearm.

Evidence Sufficient to Establish Guilt of Gun Crimes Discussed in Washington Opinion

Published on: November 12, 2020 | By The Law Offices of Smith & White, PLLC

Firearm convictions can result in the loss of significant liberties. As with any criminal matter, though, the State must prove each element of the charged offense beyond a reasonable doubt to obtain a conviction, and if it does not, it may constitute a violation of the defendant’s constitutional rights. Recently, a Washington state court issued a ruling in which it explained what is considered adequate evidence to establish unlawful possession of a firearm in a case in which the defendant sought relief from personal restraint following convictions for multiple crimes. If you are charged with a weapons crime, it is advisable to meet with a trusted Washington gun crime defense attorney to discuss your possible defenses.

The Defendant’s Allegations

It is reported that in 2017, the defendant was convicted of three counts of assault and one count of unlawful possession of a firearm. Personal restraint was imposed following his convictions. In 2020, the defendant sought relief from his personal restraint, arguing that the evidence was insufficient to prove he was guilty of unlawful possession of a firearm and that his conviction and the firearm enhancements on his assault convictions violated his protections against double jeopardy. The court ultimately rejected the defendant’s arguments and denied his request for relief.

Evidence Sufficient to Establish Guilt in Gun Crime Cases

First, the court discussed the defendant’s allegations that the evidence was insufficient to prove his guilt with regard to the firearm charge. The court explained that evidence in criminal cases is sufficient to prove culpability if, after it is viewed in the light most favorable to the State, any rational factfinder could have found beyond a reasonable doubt that the elements of a crime were present.

Washington Court Discusses Conviction for Alternate Means Crimes

Published on: October 17, 2020 | By The Law Offices of Smith & White, PLLC

In Washington, some crimes have alternative means of commission. In other words, a person may be found guilty of such a crime for engaging in more than one type of activity. Simply because there are multiple ways an offense may be committed does not mean the State’s burden is lessened. Rather, as demonstrated in a recent Washington gun crime case, jury unanimity is required to convict a person of theft of a firearm when there is inadequate evidence to support one of the means of commission. If you are charged with a weapons crime, it is advisable to meet with a trusted Washington gun crime defense attorney to discuss your case.

The Alleged Theft

It is reported that the defendant was at the home of his minor girlfriend when the home was visited by a neighbor who brought a bottle of liquor. The defendant and the neighbor consumed some of the alcohol, and the defendant, his girlfriend, and the neighbor went outside so that the girlfriend could shoot the neighbor’s rifle. The neighbor and the defendant became involved in an altercation, and the defendant hit the neighbor in the head with the rifle. The girlfriend’s mother called 911, after which the defendant took the gun and ran into the woods.

Allegedly, when the police arrived, they saw the defendant running away but did not apprehend him. Over the next few days, the defendant stored the gun in his home and took it with him outside. The police found the weapon during a search of the defendant’s home. He was charged with and convicted of multiple crimes, including theft of a firearm. He appealed his convicted as to the theft charge, arguing that because the court failed to instruct the jury regarding unanimity, and the State did not present sufficient evidence of two of the three means of committing the crime, his conviction must be reversed.

Washington Court Affirms Conviction for Weapons Charges

Published on: September 29, 2020 | By The Law Offices of Smith & White, PLLC

In Washington, when a person is charged with a weapons crime, the prosecution must prove beyond a reasonable doubt that the person committed each element of the offense. Typically, the prosecution will rely on circumstantial evidence, such as statements regarding the defendant’s whereabouts or discussions with the defendant regarding the weapons in order to prove its case. Thus, if a defendant can attack the validity of the prosecution’s evidence, it may weaken its case, but such efforts are not always successful. This was demonstrated in a recent Washington case in which the court affirmed the defendant’s convictions for firearm-related offenses despite the defendant’s arguments that the prosecution’s evidence should have been precluded at trial. If you are charged with unlawfully owning or possessing a firearm, it is advisable to speak with a skillful Washington gun crime defense attorney to discuss your case.

Facts of the Case

It is reported that the defendant was charged with being a felon in possession of a firearm as well as with being a felon in possession of ammunition, both of which were federal crimes. Following his trial, he was convicted by a jury. He then appealed, arguing that the trial court erred in denying his motion to suppress evidence found during a search of his home and in admitting evidence of his prior bad acts. The appellate court denied the defendant’s appeal, affirming his conviction.

Evidence Admissible at a Trial for Weapons Charges

First, the court explained that the officer’s entry into the defendant’s home was lawful as it was done in response to a 911 call. Further, the court rejected the defendant’s argument that the officer did not have authority to enter his home or search the surrounding hillside for weapons, and that the evidence found during the search should be suppressed.

Washington Court Discusses What Constitutes an Involuntary Confession

Published on: August 28, 2020 | By The Law Offices of Smith & White, PLLC

It is well-established under state and federal law that a person accused of a crime cannot be compelled to make incriminating statements. In some instances, though, a criminal defendant may be coerced into making a statement that can be used against them, due to a lack of awareness regarding his or her rights. In a recent Washington case in which the defendant was accused of domestic violence assault with a firearm, the court discussed when an incriminating statement should be suppressed as an involuntary admission. If you live in Washington and are accused of committing a weapons offense, it is advisable to confer with a skilled Washington gun crime defense attorney to discuss what evidence the State may be permitted to use against you.

Facts of the Case

It is reported that the defendant and another woman were both romantically involved with the victim, but unaware of the existence of one another. They both became pregnant, after which the defendant broke up with the victim. The other woman learned that the defendant was also expecting the victim’s child, and reached out to the defendant. The two women then confronted the victim, and the victim testified that the defendant shot him in the leg.

Allegedly, the defendant was arrested three weeks later and transported to jail. She was advised of her Miranda rights and right to counsel, after which she stated she wished to make a statement. She was reminded of her right against self-incrimination and right to counsel but nonetheless admitted to participating in the shooting. She was then charged with first-degree assault with a firearm. She was convicted by a jury, after which she appealed, alleging in part that the statement she made in jail was coerced.