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Malicious Mischief 3 is a gross misdemeanor and is punishable by up to 364 days of jail and up to a $5000 fine. You may also be asked by the WA State court to replace the damaged property (pay restitution), take anger management classes, and be evaluated for alcohol or substance abuse by a treatment agency.
Three definitions of assault have been recognized by Washington courts: (1) an attempt, with unlawful force, to inflict bodily injury upon another; (2) an unlawful touching with criminal intent; and (3) putting another in apprehension of harm whether or not the actor actually intends to inflict or is incapable of ...
The Washington Pattern Instructions (WPI) Committee writes pattern jury instructions to assist the trial judge and the attorneys in preparing clear, accurate, and balanced jury instructions for individual civil cases.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
Pattern Jury Instr. Civ. WPI 15.01 (7th ed.) The term ?proximate cause? means a cause which in a direct sequence [unbroken by any superseding cause,] produces the [injury] [event] complained of and without which such [injury] [event] would not have happened.
Pattern Jury Instr. Civ. WPI 11.01 (7th ed.) Contributory negligence is negligence on the part of a person claiming injury or damage that is a proximate cause of the injury or damage claimed.
(12) "Malice" and "maliciously" shall import an evil intent, wish, or design to vex, annoy, or injure another person.
The pattern instructions are designed as simple, brief, unbiased statements of the law which are free from argument.
WPIC 2.13 Malice?Maliciously?Definition. Malice and maliciously mean an evil intent, wish, or design to vex, annoy, or injure another person. [Malice may be, but is not required to be, inferred from an act done in willful disregard of the rights of another.]
These instructions or directions help jurors pinpoint a case's specific issues, as well as those laws that are applicable and determinative of the outcome.