Legal Question in Criminal Law in Washington

help! 2nd deg assault, jury in,

Well the jury came back with a guilty verdict on 2 counts of assalt 2 and 1 count of UPFA ! BUT, they were hung on the spescial verdict of ''was the defendent anmed with a fire are at the time of the assalt?'' So my atterny says we can still have the UPFA dissmissed, Reasen is that i was never notifiyed oraly or in writhing that I could not posses a fire arm when i pled to a dv 4 , 12 years ago, im am no a felon and dont have any points, but he says that if he gets us a miss trial that i run the risk of being convicted of all 3 again , and doing some 6 years instead of 1 year or less, why would i be tried on all again if he can get the upfa dissmissed, and if the jurry is hung on whether i had a gun or not, then wouldent that make the assults , not of the secont degree but something like an assult 4 i never didnt even lay a hand on them or anything, FOR THE LOVE OF GOD THEY ARE SENDING AN INNOSENT MAN TO JAIL OR PRISON! is there nothing that can be done about this?, 10 woman and 2 men on my jury,


Asked on 9/05/08, 7:48 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: help! 2nd deg assault, jury in,

It seems to me your attorney should have already made the motion to dismiss the UPFA for the stated reason. If it is a basis for a mistrial I would take it. After all, how can you be convicted of all three when you were never advised you could not have a firearm? The worst case scenario is that you are convicted of the two again. No worse than what has already happened. If you do get the mistrial you may wish to have a different lawyer this time.

At your service,

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Answered on 9/05/08, 11:13 pm


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