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. […]
Typically, when a crime is committed, the police do not actually witness the offense and must rely on eyewitness reports and other evidence to attempt to identify a defendant. Mere suspicion alone is not sufficient to arrest a person, however, as the police must have probable cause to believe that a person committed a criminal […]
People convicted of crimes of domestic violence are often prohibited from interacting with their victims via domestic violence no-contact orders. Thus, if a person subject to a no-contact order subsequently contacts the victim, it may result in additional criminal charges. While a no-contact order must be valid to be enforceable, there are specific parameters for […]
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 […]
In a criminal case, it is the prosecution’s duty to try to convince the jury that the defendant is guilty of the charged offenses. The prosecution must remain within the confines of the law, however, and cannot introduce evidence or testimony that is improper, as it may be prejudicial and result in an unjust verdict. […]
In many cases in which a person is convicted of a domestic violence crime, the court will issue a no-contact order, prohibiting the person from contacting his or her victim. The failure to comply with a no-contact order constitutes a crime. Additionally, a person that repeatedly violates no-contact orders could face felony charges. Recently, a […]
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 […]
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 […]
In some criminal matters, even a defendant that admits to committing the allegedly criminal acts may be found not guilty if a valid justification for the behavior exists. For example, in many assault cases, the defendant may be able to avoid a conviction by demonstrating that the alleged unlawful acts were taken in self-defense. In […]
Assault crimes are often committed in the heat of the moment, in response to an emotionally charged event. Thus, if the State can produce evidence that demonstrates motive, it may be able to persuade a jury that a defendant is guilty of the offense charged. The admissibility of motive evidence was recently discussed in a […]
Related Posts