Firearms

Washington Court Discusses What Constitutes a Breach of a Plea Agreement

Published on: February 19, 2020 | By The Law Offices of Smith & White, PLLC

In many instances in which a defendant is charged with a domestic violence crime, he or she will enter into a plea agreement with the State. Although the court is not required to impose the sentence recommended by the State pursuant to a plea agreement, the State cannot actively undercut the agreement by offering evidence that would persuade the court to disregard the agreement. Recently, in a domestic violence case decided by the Court of Appeals of Washington, Division 1, the court discussed what constitutes a breach of a plea agreement. If you are charged with a crime of domestic violence, it is prudent to meet with a skillful Tacoma domestic violence attorney to discuss your options for protecting your rights.

Factual Background

Allegedly, the body of an 18-year-old man was found near a campground, after which the defendant was identified as a suspect. The victim and the defendant had been involved in a relationship in which the victim took the role of a slave or submissive. Their relationship was volatile, and the defendant exercised a great deal of control over the victim. The defendant had an extensive criminal history as well. The defendant and victim were traveling with a friend the defendant met in prison when the defendant reportedly shot the victim numerous times. The victim died from his wounds.

It is reported that the State charged the defendant murder in the first degree, and domestic violence while armed with a firearm. The defendant agreed to plead guilty to a lesser charge. Pursuant to the plea agreement, the State recommended that the defendant be sentenced to 240 months in prison. The court sentenced the defendant to 295 months in prison, however, after which the defendant appealed, arguing that the State breached the plea agreement.

Washington Court Discusses Right to a Speedy Trial in Weapons Charge Case

Published on: February 5, 2020 | By The Law Offices of Smith & White, PLLC

Simply because a person is charged with a crime, it does not mean they are no longer protected by the law. Rather, criminal defendants are granted many rights by state and federal law, including the right to a speedy trial. Thus, if a trial is unduly delayed, a defendant may be able to obtain a dismissal of the charges pending against him or her. The grounds for dismissing charges due to a delay in trying a case were recently discussed by the United States District Court for the Eastern District of Washington in a case in which the defendant was indicted for being a felon in possession of a firearm. If you are charged with a weapons offense, it is important to retain a skillful Tacoma gun crime attorney who will fight to protect your rights.

Procedural Background of the Case

It is alleged that in May 2015, the defendant was indicted by a federal grand jury for possession of a firearm and ammunition as a convicted felon. It took approximately one year for the defendant to be appointed counsel and approximately two years for the defendant to be arraigned. The defendant then moved to dismiss his indictment on the grounds that the delay violated his right to a speedy trial. The court denied the motion. The defendant renewed the motion, and it was again denied. The defendant pled guilty while specifically preserving his right to appeal the court’s denial of his motion to dismiss. He was sentenced to seventy-seven months imprisonment. He then appealed the trial court’s ruling.

Sixth Amendment Right to a Speedy Trial

Under the Sixth Amendment of the United States Constitution, all criminal defendants have the right to a public and speedy trial. There is no defined limit as to what is considered an unconstitutional delay. Rather, courts usually assess four factors in determining if a delay is sufficient to violate a defendant’s Sixth Amendment rights: the duration of the delay, the reason for the delay, whether the defendant asserted his right to a speedy trial, and whether the defendant suffered prejudice as a result of the delay.

Washington Court Discusses Out of State Convictions as a Basis for Weapons Charges

Published on: January 20, 2020 | By The Law Offices of Smith & White, PLLC

Many people have lost the right to possess a firearm due to criminal convictions. Not only may convictions in Washington result in the loss of firearm rights, but in some instances, so may convictions in other states. In a recent case decided by the Court of Appeals of Washington, Division 1, the court discussed when an out of state conviction may be considered a predicate offense for an unlawful possession of a firearm charge. If you live in Washington and are faced with charges that you unlawfully possessed a firearm, it is advisable to consult a knowledgeable Washington weapons crime attorney regarding what you can do to protect your rights.

The Defendant’s Charges and Prior Offense

It is reported that the defendant was charged with murder in the second degree and unlawful possession of a firearm, arising out of an incident in which he shot an acquaintance in the face. He was convicted on both charges, after which he appealed. Regarding the firearm charge, the defendant argued that the California conviction that served as the predicate offense for the charge was not equal to a felony under Washington law, and therefore, the charge and conviction were improper. The court was not persuaded by the defendant’s arguments and affirmed the trial court ruling.

When an Out of State Conviction Constitutes a Predicate Offense

Under Washington law, a person is guilty of unlawfully possessing a firearm if he or she controls or possesses a firearm, and he or she has previously been convicted of a felony in Washington or elsewhere. When the courts review out of state convictions for firearm offenses, they compare them to comparable offenses and sentences in Washington, to determine if they meet the criteria to be considered a predicate offense. The main inquiry in assessing an out of state conviction is whether the defendant would have been convicted under Washington law for engaging in the same conduct that resulted in the conviction. Thus, the court will compare the elements of the out of state crime to the elements of a similar Washington crime, to evaluate whether they are sufficiently similar.

Washington Court Discusses Evidence Proving Unlawful Possession of a Firearm

Published on: January 14, 2020 | By The Law Offices of Smith & White, PLLC

Many people who have previous convictions have lost the right to own a firearm. Thus, a person subject to firearm restrictions may be convicted of a crime if the State can prove that the person willfully possessed a weapon. In a recent Washington appellate case, the court discussed what evidence the State must produce to obtain a conviction for unlawful possession of a firearm. If you reside in Washington and are charged with unlawful possession of a weapon or any other firearms charges, it is in your best interest to meet with a trusted Washington gun crime attorney to discuss what evidence may be used against you.

Factual and Procedural History

Allegedly, police officers searched the home of the defendant pursuant to a search warrant that covered narcotics and firearms. The officers asked the defendant if there were any firearms in the home. He replied that there were, indicating that there were .380 and .45 caliber guns. During the search, the officers found both guns. The defendant was transported to the police station, where he advised the police of a storage unit that held additional guns. The police obtained a warrant to search the unit, and during the subsequent search, they found six firearms. The defendant was charged with multiple crimes, including two counts of possession of a stolen firearm and eight counts of unlawful possession of a firearm.

It is reported that during the trial, the court advised the jury that for each count of unlawful possession, the jury must find that the defendant knowingly had a firearm, and provided the serial number, make, and caliber of each firearm. The jury found the defendant guilty of all counts of unlawful possession of a firearm, and one possession of a stolen firearm count. The defendant appealed on numerous grounds, including the assertions that the State failed to show beyond a reasonable doubt that he possessed the firearms and that the State was required to prove that he knew the serial number of each firearm to obtain a conviction.

Washington District Court Clarifies Armed Bank Robbery Constitutes a Crime of Violence

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

In many instances, if a defendant is convicted of using a firearm during the commission of a crime, the court may impose increased penalties. Specifically, if a defendant is found guilty of using a firearm while committing a crime of violence, federal law requires the defendant to be sentenced to imprisonment. In a recent case in which the defendant appealed his convictions, the United States District Court for the Eastern District of Washington analyzed whether armed robbery constitutes a crime of violence. If you live in Washington and are charged with a weapons-related offense, you should meet with a seasoned Washington gun crime attorney to discuss your rights.

Facts and Procedural Background of the Case

It is alleged that the defendant was a religious militant, and he and two co-conspirators committed two bank robberies and three bombings in support of their beliefs. The defendant was charged with numerous crimes, including possession of a grenade that was not registered, armed bank robbery, and use of a firearm during arson and armed bank robbery. A jury found the defendant guilty on multiple counts, and he was sentenced to life imprisonment. The defendant appealed, arguing that his four convictions under 18 U.S.C. § 924(c), for the use of a firearm during a crime of violence, should be vacated.

Armed Bank Robbery Constitutes a Crime of Violence

On appeal, the government conceded that the two 18 U.S.C. § 924(c) convictions arising out of the destruction of a building should be vacated, since they did not constitute crimes of violence. Thus, the salient issue on appeal was whether armed robbery constituted a crime of violence. Under federal law, bank robbery is defined as the act of taking or attempting to take any money or property that is in the bank’s custody, through the use of force, intimidation, or violence. If, during the course of a bank robbery, a defendant assaults another person or places another person’s life in danger by using a dangerous device or weapon, the crime constitutes armed bank robbery.

Court Discusses Youth as a Mitigating Factor in Washington Weapons Charge Cases

Published on: November 5, 2019 | By The Law Offices of Smith & White, PLLC

In many cases in which a person convicted of a crime is a juvenile, the court will consider the person’s youth and impose a more lenient sentence. Even if the court takes a person’s youth into consideration, however, it does not always result in a lesser sentence. Recently, the Court of Appeals of Washington, Division 2, discussed the weight that a person’s age should be granted when determining an appropriate sentence in a case in which a juvenile defendant convicted of multiple weapons charges sought extraordinary relief. If you are a resident of Washington currently facing weapons charges, it is advisable to consult a proficient Washington gun crime attorney to assess your options for protecting your rights.

Background of the Case

It is alleged that the defendant was in the process of illegally purchasing prescription drugs when he fired a gun several times into the vehicle of the person selling the drugs. One of the rounds the defendant fired hit a person in the vehicle in the jaw. The defendant was subsequently charged with first-degree assault, with a firearm enhancement, and unlawful possession of a firearm. The defendant entered a guilty plea to both charges.

Reportedly, prior to sentencing, the defendant requested an exceptional sentence due to his youth and the difficulties he faced as a child. Specifically, the defendant requested a sentence of 35.6 months in confinement, which is the sentence he would receive if he was sentenced as a juvenile.

Washington Court Discusses the Independent Source Doctrine

Published on: September 20, 2019 | By The Law Offices of Smith & White, PLLC

In many cases in which a person is charged with unlawful possession of a firearm, the evidence in support of the charges was obtained without a warrant. Evidence obtained without a warrant may be unlawful, and the State may be precluded from introducing it at trial. In some cases, however, unlawfully obtained evidence may be admitted under the independent source doctrine, as recently discussed by a case decided by a Washington appellate court. If you are a Washington resident charged with unlawful possession of a firearm it is essential to retain a zealous Washington weapons charge defense attorney to assist you in setting forth a strong defense.

Facts of the Case and Procedural Background

It is alleged that police officers responded to a report of a burglary at a business, by the owner of the business. The police then stopped the defendant outside of the business. The owner reported that the defendant was a prior employee who had been fired a week earlier. The defendant admitted he had been living in a room in the business. The owner and the defendant then became involved in a verbal argument and entered into the room.

It is reported that the police followed the men, and observed a handgun near the defendant. The defendant was handcuffed, and one of the police officers opened a cabinet to ensure no one was hiding inside. The cabinet contained two guns. The police then obtained a search warrant and found multiple firearms and amphetamines. The defendant was charged with four counts of unlawful possession of a firearm and unlawful possession of a controlled substance.

Court Discusses Prior Serious Offense Conviction in Washington Firearm Cases

Published on: September 16, 2019 | By The Law Offices of Smith & White, PLLC

Under Washington law, a person can be convicted of unlawful possession of a firearm if the person has previously been convicted of a serious crime and he or she possesses or owns a firearm. Thus, one of the elements the State must prove is a prior conviction for a serious offense. Recently, in a case ruled on by the Court of Appeals of Washington, Division 3, the court discussed what constitutes sufficient evidence of a predicate conviction in an unlawful firearm possession case. If you live in Washington and are faced with charges of unlawful firearm possession it is crucial to engage and assertive Washington weapons charge defense attorney to fight to help you retain your rights.

Factual and Procedural Background of the Case

Allegedly, the police responded to reports of a fight at the defendant’s home. When the police arrived, the defendant admitted he had guns in his house. The defendant then gave the police a rifle. The police subsequently conducted a criminal history check on the defendant, which revealed the defendant had previously been convicted of felonies in Georgia, that prohibited him from possessing firearms.

It is reported the police then obtained a warrant to search the defendant’s home. During the search, they recovered a rifle. The defendant denied, however, that he had previously been convicted of crimes in Georgia, stating that it was his brother, not him, who was convicted. The defendant was charged with two counts of unlawful possession of a firearm and following a trial, was convicted on all counts. He subsequently appealed, arguing the State failed to prove he had prior felony convictions.

Washington Court Analyzes Sufficiency of Evidence in Weapons Charge Cases

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

Although in some cases a person will be arrested during the commission of a crime, in many cases a person will be arrested after the alleged crime is committed, based on circumstantial evidence. While circumstantial evidence is admissible to prove guilt, the State must nonetheless produce sufficient evidence to obtain a conviction. Recently, a Washington appellate court analyzed the sufficiency of the evidence, in a case in which the defendant was convicted of unlawful possession and theft of a firearm. If you are charged with unlawful possession of a firearm or any other weapons charge it is essential to retain a skilled Washington criminal defense attorney to develop persuasive arguments in your defense.

Factual Background

It is reported that the victim, a 79-year-old man owned over two dozen guns that he stored in a locked gun cabinet. The victim’s neighbor noticed that a female acquaintance visited the victim on occasion. On a day in June 2017, the victim left the female acquaintance alone at the home. The neighbor then observed the defendant park a red minivan near the victim’s home, and subsequently run out of the back of the home with a large bundle. The neighbor called the police, who detained the defendant, and entered the home and observed several guns lying on the bed.

Allegedly, the victim returned home during the investigation but refused to enter the home and inspect his gun cabinet. The police released the defendant, but after the victim entered his home and realized several guns were missing, they located and arrested the defendant, who had a single round of ammunition in his pocket. Upon searching the defendant’s minivan, the police found a .22-caliber pistol, ammunition, and several gun cleaning supplies. The defendant was charged with and convicted of unlawful possession of a firearm and theft of a firearm. He appealed, arguing there was insufficient evidence to support either conviction.

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.