Does My Criminal Record Count During Sentencing?
Many people require time to get their life on track after a criminal conviction. Although recidivism rates in Washington have dropped in recent years, about ¼ of all convicted felons are rearrested within three months of their release. When this happens, the state of Washington can and will consider prior convictions when deciding on a sentence.
Washington passed the Sentencing Reform Act in 1981 to reduce sentence disparities and create more equitable sentencing guidelines. The SRA ensures that people convicted of crimes receive equal and fair sentences. For example, before the passage of the SRA, two people convicted of car theft might receive dramatically different sentences. The SRA established guidelines that Washington judges must follow when handing out sentences. At the time, this was seen as an advance in ensuring criminal sentences were equal regardless of an offender’s race, sexuality, or other factors that could be used to discriminate. However, today, the SRA is often seen as a relic of America’s “tough on crime” era in the 1980s.
One reason for this view is that the SRA also considers prior convictions when determining a sentence. This means your past actions can impact your current case, and something you did years ago can enhance your potential sentence. This is why if you or a loved one has been convicted of a felony in Seattle and is facing another conviction, you must contact our experienced and dedicated defense attorney.
How Does the Sentencing Reform Act Work?
The SRA established a criminal points system. Under the points system, different crimes are worth various points based on their severity. When someone is convicted of a crime, these points are added to determine an individual’s Offender Score. An Offender Score may include points for prior convictions.
Judges use the Offender Score to determine a sentence for the crime the individual has just been convicted of—the higher someone’s score, the longer their sentence. For example, someone who is charged with burglary and has previously been convicted of armed robbery or another felony would have a higher score than someone facing a first-time offense.
How many points a particular crime is worth will often vary depending on specific aspects of the crime, such as whether a robbery was committed with or without a weapon. Depending on prior convictions and the nature of an offense, it may be worth triple points or only half-points. Not all previous convictions are even necessarily counted in an Offender Score. This is why a defense attorney is vital for understanding how many points you may be facing and what that might mean for a potential jail sentence.
How Long Until My Prior Convictions are Washed Out?
The State of Washington doesn’t believe someone’s crimes should follow them for life. This is why some minor crimes are “washed out” of an individual’s criminal record to determine an Offender Score.
How long a prior conviction may be considered depends on the nature of the crime. The state will always consider certain serious offenses when compiling someone’s Offender Score. Other, less serious crimes will be taken out of consideration much sooner. While a variety of factors come into play, generally speaking, the period it takes for a prior conviction to “wash out” is:
- Class C Felonies: 5 Years
- Class B Felonies: 10 Years
- Class A Felonies and Sex Crimes: Never
Whether or not someone has engaged in criminal behavior in between convictions can impact how long it takes for a past conviction to be “wiped out.” For an individual to have a prior conviction washed, they must only engage in “law-abiding” behavior following their release from prison. However, “law-abiding” is a broad term.
For example, someone who refrains from committing any felonies but who is convicted of a misdemeanor offense might have their “waiting period” reset from the time of the new conviction. Certain traffic violations are considered misdemeanors under Washington law. This means someone who has spent five years as a law-abiding citizen after a Class C felony conviction could have their waiting period reset for something as seemingly benign as speeding. Additionally, some juvenile offenses may remain in consideration. These technicalities can be problematic even for generally lawful citizens. This is why if you have been arrested for a felony, you must consult an experienced criminal defense attorney.
What Is Washington’s Three Strikes Law?
Another way prior convictions can impact your sentence is through Washington’s Three Strikes Law. The Three Strikes Law was passed in the 1990s to protect society from especially violent repeat offenders. Under the Three Strikes Law, a person convicted of a third “most serious offense” must receive a mandatory life sentence.
Under Washington law, the “most serious offenses” are Class A felonies (including murder, rape, first degree assault, armed robbery, murder resulting from child abuse, and more), sex crimes, and certain crimes subject to “sentence enhancements.” Washington State takes those they consider to be “persistent offenders” seriously. Without a dedicated criminal defense attorney at your side, a felony conviction that would not usually carry a severe sentence could turn into life in prison.
What Should I Do if I’m Facing a Felony Conviction?
Even one prior felony on your record could result in a more severe sentence for a subsequent offense. Depending on the circumstances, it could even mean a life sentence. Don’t take chances with your future. If you or a loved one has been charged with a felony and already has a prior felony conviction, call The Law Offices of Kevin Trombold, PLLC today.
Kevin Trombold has a proven track record of keeping his clients out of prison and helping them transition into peaceful, law-abiding members of society. He believes everyone deserves both fair representation and a second chance. If you or a loved one has been arrested for a felony, don’t risk your future—call Kevin Trombold today at 206-590-7667.
