Deadly Weapon Enhancements in the State of Washington

Deadly Weapon Enhancements in the State of Washington

In the state of Washington, the legal landscape surrounding criminal offenses can be complex and nuanced. One aspect that can significantly impact the severity of charges and potential penalties is the application of deadly weapon enhancements. These enhancements, designed to address the use of dangerous weapons during the commission of a crime, require a comprehensive understanding of the law to protect your rights effectively which the defense lawyers at the Law Office of Erin Bradley McAleer hold. In this blog post, we will delve into the concept of deadly weapon enhancements in Washington State and shed light on their implications.

What are Deadly Weapon Enhancements?

Deadly weapon enhancements, as the name suggests, are legal provisions that aim to increase the severity of criminal charges when a dangerous weapon is involved in the commission of a crime. Under Washington law, these enhancements can be applied to various offenses, including assault, robbery, burglary, and even certain drug crimes.

What is a Deadly Weapon?

The classification of a weapon as “deadly” depends on its potential to kill someone rather than its specific purpose or legality. To decide whether or not a weapon is deadly, courts often consider elements such as the weapon’s design, size, and how it was used during the crime. Something as simple as a brick, or as big as a car, can be applied as deadly weapon enhancements if they were utilized in this manner.

The Impact of Deadly Weapon Enhancements

The addition of a deadly weapon enhancement can significantly impact the legal consequences an individual may face. It elevates the seriousness of the offense and often leads to more severe penalties, such as longer prison sentences and higher fines. These enhancements aim to deter the use of weapons during the commission of a crime and protect public safety.

Criteria for Applying Deadly Weapon Enhancements

In Washington State, the application of deadly weapon enhancements depends on specific criteria established by law. These criteria typically include:

Usability: The weapon in question must be capable of causing death, and that the defendant was armed with it at the time of the crime.

Relationship to the Crime: The weapon must have a connection to the criminal offense in question. This can include situations where a weapon was used to threaten, intimidate, or injure another person.

Legal Defenses Against Deadly Weapon Enhancements

When facing charges with deadly weapon enhancements, it is crucial to mount a strong defense to protect your rights and minimize the potential consequences. Some common defenses include:

Lack of usability: Challenging the notion that the weapon meets the criteria for causing serious bodily harm or death can help weaken the prosecution’s case.

Suppression of evidence: If evidence of the weapon was obtained unlawfully or in violation of your constitutional rights, the evidence may be suppressed, making the enhancement invalid.

Inadequate evidence: The prosecution must prove beyond a reasonable doubt that a deadly weapon was present. A skilled defense attorney can challenge the evidence presented and cast doubt on the prosecution’s case.

How We Can Help

Deadly weapon enhancements in Washington State can significantly impact the severity of criminal charges and subsequent penalties. If you or someone you know is facing criminal charges with deadly weapon enhancements, it is crucial to seek legal representation from an experienced criminal defense attorney. They can navigate the complexities of the law, build a strong defense, and protect your rights throughout the legal process. The Law Office of Erin Bradley McAleer has a collective 50+ years of experience amongst their defense attorneys, and they will use that knowledge to obtain the best possible outcome when they represent you.

Call the Law Office of Erin Bradley McAleer today at (360) 334-6277 to protect your freedom and future, and schedule a free consultation with one of our skilled defense attorneys.

Burglary and Related Laws

burglary charges in Washington and criminal defense

burglary charges and Related Laws in Washington

Burglary is a serious charge which may contain a multitude of aspects like financial loss, property damage, and emotional distress for the victim at hand. The State of Washington considers Burglary a serious charge which can lead to serious penalties such as steep fines, imprisonment and obtaining a criminal record depending on the severity of the case.

Burglary charges can result in serious consequences, it is essential to understand the elements of the crime and the potential defenses that may be available to those facing these charges. Hiring a highly skilled attorney in the area of criminal law can increase your chances for a more desirable outcome as your attorney will be working to negotiate with the prosecutor, collect the necessary information, and look into the police reports to verify the information of your particular case. The Law Office of Erin Bradley McAleer has a number of attorneys available, ready to diligently work on your case to best defend you in a court of law.

What is Burglary?

A general understanding or definition of burglary in the State of Washington is defined as entering or remaining in a building, vehicle, or other structure without permission with the intent to commit a crime inside. Depending on the circumstances of your case you can either be charged with a misdemeanor or felony. The severity of the offense and potential penalties depend on various factors, including whether the structure was occupied or unoccupied, if a weapon was used, and criminal record or history. It is also important to note that in Washington, Burglary is a distinct crime from robbery, which involves the use of threat or force to take property from another person.

Breaking Down Burglary Further

Burglary has many elements and can be broken down into four main categories by the four statues listed in the Revised Code of Washington. These statutes varying in severity and or elements can range from being charged with a Gross Misdemeanor to a Class A Felony. Regardless of the level of severity in which you have been charged with, it is important to retain a highly skilled attorney to assist you in such a matter due to the complexity and technicalities you will encounter throughout the course of your case.

Making or Having Burglar Tools: The manufacture or possession of tools intended for Burglary is considered a Gross Misdemeanor and is punishable by up to 364 days in jail and up to a $5,000.00 fine. Making or possessing items such as false keys, lock picks, and machines or tools intended for committing burglary are subject to such penalties.

Burglary in the 2nd Degree: Entering a building, excluding personal residences or vehicles with the intent to commit a crime is Burglary in the Second Degree. Burglary in the Second Degree is a Class B Felony and carries penalties that have a maximum of 10 years in prison, and a maximum of $20,000.00 in fines.

Residential Burglary: A person remaining or entering a personal residence or vehicle unlawfully is defined as Residential Burglary. While Residential Burglary is also classified as a Class B Felony potentially carrying the same penalties as Burglary in the Second Degree, it is taken and considered more serious than Burglary in the Second Degree according to the Revised Code of Washington.

Burglary in the 1st Degree: Burglary in the First Degree in which a person enters a building unlawfully, assaulting and or carrying a deadly weapon is considered the most serious form of Burglary. Burglary in the First Degree is a Class A Felony with penalties ranging from up to $50,000.00 in fines and life in prison.

How We Can Help You With burglary charges in Washington

The Law Office of Erin Bradley McAleer is readily available to help you take on a case as serious as burglary, looking to find the best defense possible for your case. Having a skilled criminal defense attorney research and challenge important elements like your intent to commit a crime will allow you to achieve the best possible outcome for your case.

While there are a number of very clear defenses to use, it is important to hire a skilled and experienced attorney to build them. The Law Office of Erin Bradley McAleer has numerous highly skilled and knowledgeable attorneys that are ready to defend you to the fullest extent of the law. Having an attorney defending you is one of the best ways to defend your future and your freedom.

Don’t hesitate, call the Law Office of Erin Bradley McAleer today and schedule a free consultation today.