Robbery

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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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 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.