Does Washington Have Sentencing Guidelines for Violent Felonies?
Though it does not have a national reputation, those who live in Washington know it’s a “tough on crime” state. This dates back to the 1980s and the Sentencing Reform Act (SRA). The SRA implemented a points-and-grid system that judges use to determine specific crime sentences. The SRA meant to prevent radically different sentences for specific crimes. It also created a legacy of harsher sentences that lingers to this day.
Depending on the circumstances of a case, someone charged with a violent crime could face between five years in prison and life, even for a first offense. Depending on other factors, a felony conviction could even mean a mandatory sentence of life without parole. These harsh sentencing guidelines are why, if you or a loved one are facing trial for a violent crime, you must contact our firm’s dedicated defense attorney. In the event of violent felony charges, a defense attorney may be the only thing standing between you and Washington’s severe sentencing guidelines.
What Are Considered Violent Felonies?
Under Washington law, “violent felony” is a broad umbrella category encompassing various crimes. Generally, a violent felony is any crime that resulted in physical harm to another person or the threat of potential harm to another person. Examples of violent felonies include, but are not necessarily limited to:
- Murder
- Attempted Murder
- Rape
- Armed Robbery
- Assault
- Kidnapping
- Arson
Felonies are divided into Class A, Class B, and Class C, based on the severity of the crime. Class C felonies are considered the “lightest.” Someone convicted of a Class C felony faces up to five years in prison and a $10,000 fine. Class B felonies are considered more severe and carry a potential penalty of up to ten years in prison and a $20,000 fine. Class A felonies are considered the most serious offenses and include murder and rape. Someone convicted of a Class A felony faces life in prison and a $20,000 fine. How harsh your potential sentence may be will depend on various factors, including whether or not you’ve ever been convicted of a crime before.
How Are Sentences Determined Under the SRA?
The Sentencing Reform Act implemented a points-and-grid system for judges to ensure that sentences were appropriate to crimes and were handed down equitably. Under this system, people convicted of violent felonies are assigned several points. These points are then applied to a grid that outlines how long a person’s sentence will be.
Points are determined based on the Offense Seriousness Level (OSL) and Criminal History Score (CHS). The OSL is determined based on the severity of the crime. Currently, there are sixteen levels ranked from least to most serious. Level I offenses include mostly non-violent financial crimes. Level XVI encompasses aggravated murder. Currently, Washington maintains a specific list of offenses and their OSL. The rigidity of this list can mean that a judge who otherwise wishes to impose a lighter sentence may have their hands tied.
Once an OSL has is determined, a judge will calculate a Criminal History Score or CHS. This is determined based on whether or not you have been previously convicted of a felony. A CHS is based on various factors, including the number of previous convictions someone has, whether the current charges are related to any past criminal activity, and the length of time between convictions. A CHS is ranked on a scale from 0 to 9+, with 9+ being the most severe.
Once these scores are determined, a judge will apply them to Washington’s sentencing grid. In some circumstances, a judge may consider other factors besides a points score.
What Are Sentencing Enhancements?
Sentencing enhancements refer to additional time added to a sentence based on aggravating circumstances related to the crime. For example, someone convicted of committing a felony while in possession of a gun could receive a firearms enhancement.
Other enhancements include DUI enhancement for people convicted of vehicular homicide; gun-free/drug-free zone enhancements for crimes committed near schools, public parks, and other designated “safe zones;” and gang enhancements for crimes committed in relation to organized criminal activity.
These are only some of the potential enhancements you could face, and Washington state has implemented several crime-specific enhancements in recent years. Some of these include manufacturing meth in the presence of a child, robbing a pharmacy, and certain drug crimes committed while in prison. An experienced defense attorney can review your specific case and determine whether you may face any enhancements.
What is the Three Strikes Law?
Washington’s Three Strikes Law was passed in the 1990s to “double down” on the state’s “tough on crime” stance. Under the Three Strikes Law, someone convicted of three “serious or violent offenses” must receive a mandatory life sentence.
Crimes considered “serious or violent offenses” include rape, armed robbery, aggravated assault, and murder. This means that, regardless of any other circumstances, you could be sentenced to life without parole if you are facing a third felony conviction. This is why contacting our firm is vital if you or a loved one are facing felony charges in Seattle.
What Should I Do if I’ve Been Arrested for a Violent Felony?
Washington State’s rigid sentencing structure could potentially mean harsh prison sentences even for first-time offenders. If you have ever been convicted of a crime before, a second or subsequent offense could mean decades behind bars. If you or a loved one is facing felony charges, you must contact the Law Offices of Kevin Trombold, PLLC.
Kevin Trombold’s dedication to his clients is second to none. He understands that people face criminal charges for various reasons and believes everyone deserves the best defense possible. He works with each of his clients to help secure their freedom so they can be productive, happy members of society. With our firm in your corner, you can face a brighter tomorrow. Don’t hesitate to call us today at 206-590-7667.
