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Washington Man Gets $500 LFO Thrown Out in Judgment in Assault Case

In criminal cases in Washington, there are several elements against which you must defend if you’re accused of a crime. One of these is the imposition of a legal financial obligation (LFO) or monetary cost. In order to be obligated to pay, however, the court must provide a statute that specifically authorizes the LFO. In [...]

By | 2016-12-30T14:13:47+00:00 December 30th, 2016|Assault, Uncategorized|Comments Off on Washington Man Gets $500 LFO Thrown Out in Judgment in Assault Case

Lesser Included Offenses, Jury Instructions, and Getting Your Conviction Overturned in Washington

A recent opinion from the Washington Court of Appeals offers an important reminder about the significance of lesser included offenses in a criminal trial. In this recent case, a man was able to get a conviction overturned because fourth-degree assault was a lesser included offense, but the trial judge refused to give the jury the [...]

By | 2016-12-21T13:58:18+00:00 December 21st, 2016|Assault, Uncategorized|Comments Off on Lesser Included Offenses, Jury Instructions, and Getting Your Conviction Overturned in Washington

Washington Court Affirms Trial Judge’s Refusal to Issue Self-Defense Instruction in Assault-on-Cop Charge

In criminal law, there are certain issues in which the defendant’s state of mind or knowledge are vitally important matters to determining his level of guilt. In other areas, the defendant’s mental state is completely irrelevant. This distinction is what unraveled one Navy seaman’s defense against a charge of assault on a police officer. The [...]

By | 2016-12-13T10:56:13+00:00 December 13th, 2016|Assault, Self Defense, Uncategorized|Comments Off on Washington Court Affirms Trial Judge’s Refusal to Issue Self-Defense Instruction in Assault-on-Cop Charge

Washington’s Electronic Surveillance Leads to Reversal of Attempted Murder Conviction

In an important new ruling from the Washington Court of Appeals that shows just how broad the state’s electronic surveillance law is, the appeals court threw out an attempted murder conviction against a husband whose threats to kill his wife were accidentally recorded on a cell phone’s voicemail application. Even though no third person was [...]

By | 2016-11-30T15:02:30+00:00 November 30th, 2016|Assault, Domestic Violence, Uncategorized|Comments Off on Washington’s Electronic Surveillance Leads to Reversal of Attempted Murder Conviction

Recent Washington Case Again Shows: Don’t Make a Statement to Police Without Counsel When You’re a Suspect

A famous song from the 1960s, borrowing from Jewish and Christian scriptures, states that there is a “time to every purpose under heaven.” Encounters with police can be like that. Which is to say, when interacting with the police, there is a time to be very forthcoming, and there is a time to refrain from [...]

By | 2016-11-18T11:19:59+00:00 November 18th, 2016|Assault, Domestic Violence, Drug Charges, DUI, Federal, Firearms, General Defense Info, Self Defense, Uncategorized|Comments Off on Recent Washington Case Again Shows: Don’t Make a Statement to Police Without Counsel When You’re a Suspect

The Evidence You Need for a Self-Defense Instruction in Washington

A spilled beer at a bar escalated to a physical conflict and ultimately led to a customer’s stabbing of a guard. In the customer’s assault trial, he argued unsuccessfully for a jury instruction about self-defense. The Washington Court of Appeals upheld the decision not to issue the instruction. The law requires the defendant to have [...]

By | 2016-11-14T09:39:43+00:00 November 14th, 2016|Assault, Self Defense, Uncategorized|Comments Off on The Evidence You Need for a Self-Defense Instruction in Washington

The Limits of the ‘Community Caretaking’ Function Exception in Warrantless Search Cases in Washington

There are a few, but only a limited few, reasons that a law enforcement officer can search your person or possessions without a warrant. If the officer conducts a warrantless search and obtains evidence against you, and you challenge the admission of this evidence at trial, the law requires the state to prove that the [...]

By | 2016-11-04T15:03:55+00:00 November 4th, 2016|Assault, Drug Charges, Uncategorized|Comments Off on The Limits of the ‘Community Caretaking’ Function Exception in Warrantless Search Cases in Washington

Self-Defense and Jury Instructions in Assault Cases in Washington

A recent case involving an alcohol-fueled quarrel that devolved into a knife attack, while yielding an outcome unfavorable to the woman accused of assault, offers some helpful information on the law of self-defense in assault cases. The Washington Court of Appeals decision, which upheld the set of jury instructions the trial judge gave before the [...]

By | 2016-10-17T15:42:03+00:00 October 17th, 2016|Assault, Self Defense, Uncategorized|Comments Off on Self-Defense and Jury Instructions in Assault Cases in Washington

Dealing with Multiple Charges Arising from One Incident in a Washington Assault Case

A man facing numerous charges stemming from a physical altercation with his girlfriend was able to prune one but not two convictions off his record in the case. While the state conceded that the two second-degree assault charges against the man were both from the same criminal conduct, the man’s assault charge and harassment charge [...]

By | 2016-10-07T11:21:24+00:00 October 7th, 2016|Assault, Uncategorized|Comments Off on Dealing with Multiple Charges Arising from One Incident in a Washington Assault Case