Physical altercations often follow verbal disagreements, and in some cases, it is difficult to determine who is ultimately responsible for starting a fight. Thus, in many instances in which a person is charged with assault, self-defense is a viable defense. The State may try to thwart a self-defense argument, though, by asserting that the defendant was the first aggressor and…
Under Washington law, a DUI offense that would ordinarily be prosecuted as a misdemeanor may be graded as a felony under certain circumstances. For example, if a DUI defendant has numerous prior qualifying convictions, it could constitute grounds for charging a DUI offense as a felony. Recently, a Washington court set forth an opinion explaining how prior offenses are scored…
Generally, the State is not permitted to introduce evidence of prior bad acts or wrongs to establish that a person violated the law on a certain occasion. In other words, the State cannot point to previous behavior in an effort to convince a jury that a defendant acted similarly on the date of an alleged crime. Evidence of other wrongs…
Assault charges can result in substantial penalties, but simply because someone is charged with assault does not mean that the State can obtain a conviction. In many cases, there are numerous defenses a person can assert, including self-defense. Recently, a Washington court explained what evidence a defendant must set forth to demonstrate that an action was taken in self-defense, in…
Domestic violence is a serious issue and is treated as such by the Washington courts. Therefore, in order to prevent victims of domestic violence from suffering continued harm, a court may order a defendant convicted of violating a no-contact order to attend counseling or mental health treatment. Recently, the discretion and basis for imposing certain community custody conditions in cases…
People are protected by both the State and Federal Constitutions against unreasonable search and seizures. What this means, in part, is that the police cannot stop a driver absent a warrant or a reasonable suspicion that the person is engaging in criminal behavior. Thus, if the police stop a motorist without cause and the person is subsequently charged with a…
People who are found guilty of committing acts of domestic violence may be subject to no-contact orders, which generally prohibit them from speaking to or otherwise contacting their victims. A person that disregards a no-contact order may face felony charges. The State must prove that an individual charged with felony violation of a domestic violence no-contact order was both aware…
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…
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 offense prior to taking a…
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 objecting to an order as…