first degree

Washington Supreme Court

Double jeopardy – The flexible plea bargaining framework recognized in Barr and Zhao empowers defendants charged with a single assault to plead to multiple, lesser assaults when the state agrees to it, and when the defendant decides that the agreement is in their best interest.  Multiple assault convictions do not violate double jeopardy if the plea is voluntary and knowing, there is a factual basis for the original charge, and the assault convictions are based on separate and distinct conduct.  A defendant’s admission that the assault convictions are based on separate and distinct conduct is part of the record that courts must consider.  In re Pers. Restraint of Bin-Bellah, No. 103569-1 (Apr. 9, 2026)

Division II

Assault in the first degree –  A person commits assault, under the “attempted battery” definition of assault, by attempting with unlawful force to inflict bodily injury upon another but failing to accomplish it.  Here, the defendant attempted to inflict bodily injury on the driver and front passenger of an SUV by firing gunshots into the SUV.  Therefore, the defendant committed first degree assault as to all five occupants of the SUV regardless of whether the defendant knew that the other three occupants were present in the SUV, and regardless that there was no evidence that the two child passengers were harmed or place in apprehension of harm.  State v. Sanchez-Radilla, No. 59912-1-II (Apr. 17, 2026, published in part)