Washington Legal Defense
Free Consultation
Deadly Weapon Enhancement Shot Down Get 150+ Years of Combined Litigation Experience on Your Side
Hester Law Group

Deadly Weapon Enhancement Shot Down

As reported in State v. Gurske, filed August 25, 2005, No. 75156-1, a deadly weapon sentence enhancement was found to be improper and the matter was remanded for resentencing.

In this case, a police officer, during an inventory search after an arrest for driving while license suspended, searched a backpack which was in the backseat of the automobile. Within the backpack, a 9mm pistol, three grams of meth and the defendant’s wallet were discovered. The facts stipulated to the trial judge indicated the backpack was within arm’s reach of the driver (defendant). However, the backpack was not removable by the driver without first either exiting the car or moving into the passenger seat location.

RCW 9.94A.602 states a person is armed within the meaning of the statute if a weapon is easily accessible and readily available for use, either for offensive or defensive purposes. The reported case contains citations which support this conclusion as well as the court’s statement that “There must be a nexus between the defendant, the crime and the weapon and that mere proximity or constructive possession alone is insufficient to establish that he was armed.”

The court in its holding, makes it clear that absent a showing beyond a reasonable doubt that a defendant was armed with a deadly weapon at the time of commission of the crime as explained in this case, it would be improper to apply a deadly weapon sentencing enhancement.

This case emphasizes the importance of creating a record that allows the court to scrutinize the factual relationship of a defendant to any weapon.

Categories

Success Stories

  • If he said he was going to do something he did it. He has integrity.

    “Wayne Fricke is a terrific lawyer who knows the law. The following are only several of many ways Mr. Fricke supported me during my time of crisis: 1. Explained the charges against me in a manner that ...”

    - Former Client
  • He always exceeds expectations.

    “Mr. Fricke has been our family lawyer for about 5 years. He has done an amazing job representing my family and I. He always exceeds expectations and informs us on everything going on.”

    - Jen
  • He, at no time, treated me as though I was guilty.

    “I was accused of domestic violence and need a Lawyer to defend me. Not knowing who to hire I started with Mr. K.W. This lawyer did not seem to believe in my innocence and I was looking at 3 to 5 ...”

    - Craig
  • Mr. Fricke had his office call me weekly for updates.

    “A few years ago, I was involved in a car accident. Due to my injuries, I hired an attorney who seemingly disappeared. I was in crisis after calling the court and finding out my case had been dismissed ...”

    - Sharyl
  • He is always honest and straight forward.

    “I hired Lance Hester to help me with 2 different legal matters. One was a felony criminal case and the other was a family law issue. In the felony criminal case this individual had everything to lose ...”

    - Former Client

Proven Results

  • Reduced Sentence Drug Crime
  • Case Dismissed Multiple Counts of Child Exploitation
  • Case Dismissed Domestic Violence
  • Four Felony Charges Dismissed Four Felony Counts
  • Reduced Sentence Drug Distribution
  • Vacated Conviction 4th Degree Assault
  • Case Dismissed Possession of Stolen Property
  • Two Restraining Orders Granted Anti-harassment Orders
  • Federal Court Success Federal Probation Violation
  • Case Dismissed Rape
/

Why Choose the Hester Law Group?

  • Accessible to Clients

    We understand the urgency clients have when they need an attorney. We are available  24/7 to help you.

  • We Truly Care

    We feel honored to help someone through the toughest time they will ever go through.

  • Personalized Approach

    At Hester Law Group, we use a personal approach that best suits the needs of our clients.

  • Unparalleled Experience

    We have been a successful team for two decades and have over 130 years of combined experience.

We're Available 24/7

Get Started on Your Defense Today
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.