Legal Question in Criminal Law in Washington
assault
my brother-in-law was just charged with felony assault class-b with a deadly weapon, he has a felony dismal date of 1/04/08, problem is there was no weapon involved just hear say, can they still charge him with this without any weapon being found? if not what is he looking at receiveing for a plea agreement?
1 Answer from Attorneys
Re: assault
Testimony, someones statement that your brother in law had a gun, is valid evidence and can be the basis for a charge. Hearsay, an out of court statement given to prove the truth of the matter asserted, can only be used in a few circumstances. Admission against Interest is one of those circumstances so if your brother in law is the source of that hearsay statement it can be used.
What he is looking at in terms of sentence depends on exactly how they charge the case and what criminal history he already has.
At your service & Happy Holidays,
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