Video – Attorney Spencer Freeman Answers If A Firearm Enhancement Charge Is ALWAYS Added To The Criminal Charges If A Weapon Is Used?
Video Transcript
Ray Hrdlicka – Host – Attorneys.Media
“That was my next question. Is a firearm enhancement always added to the charges if a weapon is used?“
Spencer Freeman – Criminal Defense Attorney – Pierce County, WA
“It is always added to the charges if a weapon is used. It is also my experience, that it’s added to the charges if a weapon’s even present.”
Ray Hrdlicka – Host – Attorneys.Media
“Really? Explain that.”
Spencer Freeman – Criminal Defense Attorney – Pierce County, WA
“To a large degree, it can be a negotiating tool. Because you’ve got the sentencing enhancement. But under the law here in Washington, you’ve got to establish a nexus between the gun and the crime. In short terms, that means the gun has to be used in some way to assist in the crime. I’ve handled cases where a gun was in a locked safe in the house, and there were drugs found in the house, and pursuant to a warrant the police found the drugs in the house. The defendant was charged with possession with intent to deliver…and also the gun enhancement. But in that scenario, the gun was locked in a safe. So not only do they have to establish there’s a nexus between the crime and the gun, but the gun also has to be readily available to the defendant at the time the crime occurs.”
Ray Hrdlicka – Host – Attorneys.Media
“Well, in this particular case it wasn’t.”
Spencer Freeman – Criminal Defense Attorney – Pierce County, WA
“It wasn’t. Right. But the prosecutor charged it anyway, and we have to go through a motions practice to get that dismissed. But my experience is that anytime a gun is anywhere near a crime, they’re going to add a gun possession enhancement…a firearm enhancement. Whether it’s right or not.”
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