Legal Question in Criminal Law in Washington

Assault 2nd

My Friend was found guilty of assault 2nd for elbowing a guy in a pick up bball game. He didnt mean to elbow the guy on purpose but in the heat of the game the guy was grabbing his arm so he throw his arms out. He hit the guy in the face with his elbow. The guy suffered a bloody nose and a black eye. My friend has a criminal record of drug related conviction and served his time. Is it fair to hit him with a assault 2nd for this? Does this sound like assault 2nd?


Asked on 7/02/08, 4:11 am

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

Re: Assault 2nd

It does not sound like assault 2nd or any other crime to me. For two reasons. One, lack of "mens rea," i.e., intent. Two, the defense of implied consent. I'm not sure what you can do about it now if your friend has already been convicted. I'd be happy to assist with an appeal.

At your service,

Read more
Answered on 7/02/08, 4:32 pm


Related Questions & Answers

More Criminal Law questions and answers in Washington