Legal Question in Criminal Law in Washington
assault 2,,,?
when charged with assault 2 with a deadly weapon, does the wep actually have to be used or just on the assailents person? and does there have to be marks left or just a statement saying that the person actually touched them?
Asked on 9/07/08, 4:46 am
1 Answer from Attorneys
James J. White, attorney
Law Offices of Smith & White, PLLC
Re: assault 2,,,?
A deadly weapon enhancement can be added for mere possession of the weapon. There does not have to be marks left for the prosecutor to take you to trial. Of course, if a jury hears an allegation that reasonably seems like it should have left marks but there are no marks...well, it seems they should return a verdict of not guilty.
Contact me directly if you'd like assistance getting the jury to understand that.
At your service,
Answered on 9/10/08, 6:41 pm
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