How Does Double Jeopardy Work in Washington Criminal Cases?

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.

Double Jeopardy in Washington Gun Possession Cases

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.

A Recent Example

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.

Generally, the prohibition on double jeopardy prevents a person from being prosecuted for a crime after being acquitted of it or being prosecuted for a crime after being found guilty of committing it. It also prohibits a person from being punished multiple times for the same offense. In assessing whether double jeopardy has been violated, a court examines the course of conduct or act that has been deemed unlawful.

Under Washington law, the crime of unlawful possession of a firearm is a single unit of prosecution. This is true even if the offense is committed in multiple places because it rests on a course of conduct, not a distinct act. As such, to prove the two separate charges, the State was required to show that the defendant’s possession of the gun was interrupted. The appellate court found that the State failed to meet this burden. As such, one of the convictions was vacated.

Appealing a Conviction Based on Double Jeopardy

Double Jeopardy 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.

A unit of prosecution is the scope of the criminal act that the lawmakers intended to punish under a specific criminal law. A unit of prosecution may be a single act or a course of conduct. If a state defines a crime as a course of conduct over a duration of time, then it is a continuous offense. In the subject case, the criminal statute the defendant allegedly violated stated it was a crime for a person convicted of certain offenses to own or possess any firearm.

Further, the law stated that each unlawful possession of a firearm constituted a separate offense. In other words, in which each firearm was a separate unit of prosecution, a person could not be charged with or convicted of multiple crimes for the uninterrupted possession of a single weapon. The court found that it was undisputed that the defendant only possessed one gun on one occasion. Thus, his multiple convictions violated double jeopardy, and his conviction for the lesser offense was vacated.

Washington Court Overturns Assault Conviction on Double Jeopardy Grounds

It is reported that the police responded to a report of a domestic violence incident between the defendant and his victim. When the police spoke to the victim, she stated that the defendant had strangled her and bit her thumb and upper lip. The victim was covered in blood as well. The defendant was charged with second-degree assault for strangling the victim and two counts of fourth-degree assault for biting her.

Allegedly, during the trial, the victim testified that the defendant held her down rather than strangling her, and while he was holding her down, he bit her thumb. She denied that he bit her lip or that she advised the police that he bit her lip. The defendant was found guilty of second-degree assault and one of the counts of fourth-degree assault. The defendant appealed, arguing the acts for which he was convicted happened in a single assault and convicting him more than once constituted double jeopardy.

The Double Jeopardy Clause

On appeal, the court explained that both the state constitutional protection against double jeopardy and the double jeopardy clause of the Fifth Amendment prohibits multiple penalties for the same offense. Further, the court stated that pursuant to Washington case law, a court must apply a unit of prosecution analysis to determine whether multiple convictions for assault violate double jeopardy.

Under this review, the court will ask what course of conduct or act the legislature has defined as a punishable offense. Thus, under the rule of lenity, Washington courts have held that assault should be treated as a course of conduct offense unless and until the statutes dictate otherwise. The court went on to explain that whether multiple acts should be considered a course of conduct is fact-dependent and requires an examination as to the length of time the assault occurred, where it took place, and whether they were interrupted. Based on the foregoing and the facts of record, the court granted the defendant’s motion and vacated his conviction for fourth-degree assault.

Our Criminal Defense Attorneys Can Help

Simply because someone is charged with a crime does not mean the State can obtain a conviction. If you are faced with criminal charges, the experienced Washington defense attorneys of The Law Offices of Smith & White can advise you of your rights and help you to pursue the best result possible under the facts of your case. You can reach us through our online form or by calling (253) 203-1645to set up a conference.