Criminal Law

Washington Harassment and True Threats

July 10, 2022 | by Blair & Kim, PLLC

To convict a defendant of Washington harassment, the state must show that the defendant knowingly threatened to cause bodily injury, physically damage someone else’s property, or physically confine or restrain another person, without the authority of law, and placed the threatened person in reasonable fear that they would carry out the threat. Harassment is a class C felony if the threat was to kill the threatened person or someone else. RCW 9A.46.020. Since it criminalizes a pure form of speech, the harassment statute implicates the First Amendment. Washington courts therefore interpret it as criminalizing only “true threats.”

A defendant recently challenged his felony harassment conviction, arguing the state had not produced evidence of a true threat. A man was renting a room in defendant’s home from April to October of 2020. According to the appeals court’s opinion, the defendant yelled at the renter and called him names during a conflict that summer. He also would throw things in his bedroom. The renter heard the defendant having a “tantrum” in the garage on August 23. The defendant told the renter his boxes should be taken out of the garage. The renter said he had misunderstood a text message about when he should remove the boxes. The defendant pointed at him and said he had a gun and would shoot the renter in the head. After the defendant walked away, the renter went back to his own room and called the police.

The defendant was charged and ultimately convicted of one count of felony harassment with a domestic violence enhancement.

Washington Court Denies DOSA Sentence for Multiple Violations of No Contact Order

June 27, 2022 | by Blair & Kim, PLLC

Washington’s Drug Offender Sentencing Alternative (“DOSA”) program provides substance use disorder treatment and community treatment to people with a substance use disorder who have committed certain crimes. A DOSA sentence reduces or eliminates the time a person must spend in jail or prison if they complete the treatment and comply with the supervision requirements. A defendant recently challenged a court’s denial of his request of a DOSA sentence.

He was charged with three felony counts of violating a court order, with the state alleging he knowingly violated a no contact order on three occasions and that he had at least two prior convictions for violating a court order.

At sentencing, the defendant asked for a prison-based Drug Offender Sentencing Alternative (“DOSA”), pursuant to RCW 9.94A.660, pointing to testimony from the alleged victim in which she responded “yes” to a question asking if the defendant used methamphetamine. The court described this testimony as inadmissible and prejudicial. The trial court noted that the defendant was facing three cases in a different county and had two prior convictions for violating court orders.

Washington Felony Theft Conviction for Taking Cell Phone

June 14, 2022 | by Blair & Kim, PLLC

Washington domestic violence cases often involve allegations the defendant took or damaged the alleged victim’s phone. Taking a phone in such circumstances may result in charges of interfering with reporting domestic violence, but it can also result in theft charges. Given the ever-increasing price of mobile phones, those theft charges can be very serious. In a recent unpublished case, a defendant challenged his second degree theft conviction, arguing the state had failed to prove the value of the phone.

After their romantic relationship ended, the defendant’s ex-girlfriend obtained a no-contact order against him in July 2020.

According to the appeals court’s opinion, the defendant saw her in her truck in a grocery store parking lot, opened her door, threw a drink at her, and struck her multiple times. He also took her phone and the phone of her male friend. A witness called 911.

Double Jeopardy and Washington Conspiracy Charges

May 30, 2022 | by Blair & Kim, PLLC

The Fifth Amendment of the U.S. Constitution protects individuals from being put in jeopardy more than once for the same offense. The Washington State Constitution also protects Washington criminal defendants from double jeopardy. Many people think of the double jeopardy doctrine as preventing a person from being charged with the same offense again after being acquitted, but it also provides protections in other circumstances. Double jeopardy protections prevent a defendant from being charged with the same offense again after being acquitted or convicted and from being punished for the same offense more than once. In a recent unpublished case, a defendant challenged her convictions on three counts of conspiracy to commit murder, arguing that the multiple conspiracy charges violated double jeopardy.

According to the appeals Court’s opinion, the defendant’s husband left her in 2019 after more than 25 years of marriage. He moved to his mother’s property and started dating another woman. A few months later that woman moved in with him.

According to the opinion, the defendant told a friend she wanted to kill her husband, his mother, and his new girlfriend. She told the friend she had been planning to do so. She said she would like for someone to make the murders appear to be a home invasion, but expressed that she would do it herself if necessary.

DNA Collection in Washington Juvenile Deferred Disposition Cases

May 23, 2022 | by Blair & Kim, PLLC

Pursuant to RCW 43.43.754, individuals convicted of certain crimes and juvenile offenses in Washington must give a DNA sample. Two juveniles recently challenged separate court orders requiring them to give DNA samples after they were granted deferred disposition. Each of the juveniles was charged with theft of a motor vehicle arising from separate incidents, with one of the juveniles having several additional charges. They each appealed and their cases were consolidated before the Washington Supreme Court.

In the lead opinion, the Washington Supreme Court noted that RCW 43.43.754 fails to define the meaning of “conviction.” The court also pointed out that the meaning of “conviction” is not clear in statutes involving juveniles. In such circumstances, the court must consider the context and purposes of the statute in interpreting what is meant by “conviction.”

The court first considered other relevant statutes. The court noted that juvenile adjudications finding guilt are considered convictions under the Sentencing Reform Act. RCW 9.94A.030(9). The court also concluded that standard and law dictionary definitions supported the definition in the Sentencing Reform Act.

Factual Basis for a Washington Guilty Plea

April 30, 2022 | by Blair & Kim, PLLC

A guilty plea by a Washington criminal defendant must be knowing, intelligent, and voluntary. A plea can only be voluntary if the defendant understands both the nature of the charges against him or her and the consequences of pleading guilty. The trial court must be “satisfied that there is a factual basis for the plea.” CrR 4.2.

A defendant recently challenged his guilty plea, arguing there was not a sufficient factual basis for the sentencing enhancement. According to the appeals court’s unpublished opinion, the defendant pleaded guilty to first degree manslaughter with a deadly weapon sentencing enhancement. The defendant gave a brief statement of guilt stating he “acted recklessly and caused the death of [the victim],” with no mention of a deadly weapon. Although there was a box on the form to indicate the defendant did not make a statement and had agreed the court could review other documents for the factual basis, it was not checked.

The trial court accepted the plea. The defendant was sentenced to 158 months, increased to 182 months with the sentencing enhancement.

Washington Felony Protection Order Violation Convictions Reduced to Misdemeanors

April 15, 2022 | by Blair & Kim, PLLC

Pursuant to RCW 26.50.110(5), violation of certain Washington protection orders is a class C felony if the defendant has two or more prior convictions for violating specified types of protection orders. A defendant recently challenged his felony convictions, arguing the state failed to prove the validity of one of his prior convictions.

According to the appeals court’s unpublished opinion, the defendant entered a guilty plea to violating a protection order in 1992. The county clerk’s office destroyed most of the related records since then. In 2019, the only record left was a seven-page document titled “DOCKET.” This document contained clerk entries related to the prosecution of that case.

In 2019, the district court in another county entered a no-contact order prohibiting the defendant from contacting his girlfriend. He was later charged with three counts of felony violation of a no-contact order based on alleged calls he made to her from jail. He was charged with felonies based on the state’s allegations he had two previous convictions for violating an order. If he did not have prior convictions, the alleged violations would just be misdemeanors instead of felonies.

Washington Arson Convictions Reversed Due to Admission of Hearsay Evidence

March 16, 2022 | by Blair & Kim, PLLC

Generally, hearsay is excluded from evidence, though there are some exceptions. Hearsay is a statement made outside court and offered into evidence to prove the truth of the matter asserted. ER 801. If, however, the prosecution in a Washington criminal case wants to present an out-of-court statement for a purpose other than its truth, the court must consider whether that purpose is relevant. If the purpose is not relevant, the statement should be excluded.

A defendant recently challenged his convictions after the trial court admitted a statement from dispatch over his objection. According to the appeals court’s opinion, officers responded to a call from a father who reported being involved in an argument with his son, the defendant. The caller said his son had put gasoline into two paper cups. When the officers arrived at the gas station, they could not find either the father or the defendant. One officer drove toward the father’s house. He saw the defendant walking along the road with a grocery bag.

The officer called out to the defendant by name over the car’s speaker and the defendant lay on the ground. When the other officer arrived, the defendant was sitting on the ground. The bag in his hand was leaking something that smelled like gas. He asked if he was free to go. When the officers told him he was, he started walking toward his father’s home.

Court Should Apply Market Value in Washington Theft Cases

February 25, 2022 | by Blair & Kim, PLLC

The value of property can affect the degree and seriousness of a Washington theft crime. In a recent unpublished case, a juvenile challenged his second degree theft conviction, arguing the trial court had used the wrong methodology for determining the value of the property.

A deputy testified he met with the juvenile and his mother after responding to a call reporting a possible theft. The deputy testified the juvenile admitted he had taken a ring out of his mother’s jewelry box.

A jeweler testified that the replacement cost of the ring was $1,200, based on making a new ring. The jeweler also testified that used jewelry did not get the same price as new and that the ring might be sold to a jeweler for $340. A dealer might be able to sell it then for $600 or $700.

Animal Cruelty May Be Designated Crime of Domestic Violence in Washington

February 20, 2022 | by Blair & Kim, PLLC

When a Washington crime is designated a crime of domestic violence, the alleged victim is afforded certain additional protections. Such cases get priority scheduling. Courts may issue pre-trial no-contact orders and specialized no-contact orders at sentencing. A defendant recently challenged the domestic violence designation and aggravators applied to his animal cruelty conviction.

According to the Washington Supreme Court’s opinion, the defendant had been abusive to both his girlfriend and her dog. After taking the dog for a walk over his girlfriend’s objection, he called her and told her the dog had escaped the harness. His girlfriend could hear the dog yelping and did not think she had escaped.

Two witnesses heard noises and saw the defendant beating the dog. One witness called the police while the other yelled for the defendant to stop. After exchanging some words with the witness, the defendant ultimately walked away.