Felony Classification, Penalties & Sentencing
The Revised Code of Washington (RCW) designates a crime as a felony based on its severity with examples including certain drug offenses, rape, burglary, and murder. Depending on the nature and other factors involved, felonies are further cataloged into separate classes of gravity, each with its own potential penalties if convicted:
- Class C Felonies: Up to 5 Years in prison and up to $10, 000 in fines.
- Class B Felonies: Up to 10 years in prison and up to $20,000 in fines.
- Class A Felonies: Up to life in prison and up to $50,000 in fines.
Your actual punishment will ultimately be determined by a system outlined in the Washington State sentencing guidelines. These standards provide 15 separate levels from I to XV, each carrying its own range of outcomes. Essentially, if you are convicted of a felony, these guidelines along with any other relevant details will be considered in sentencing. These other details are typically prepared for a sentencing judge and include things like your previous criminal, family, and work history, psychological or treatment evaluations, any victims’ statements, and any mitigating factors.
Real Impact of a Felony Conviction
A common mistake people make when confronted with a felony is underestimating its substantial and lingering effect, even if they avoid incarceration. Unquestionably, staying out of prison should be everyone’s top priority, but that is not the only thing to consider.
A felony on your record can limit things like:
- Future job prospects
- Your eligibility for loans
- Your immigration/citizenship status
- Your ability to own a firearm
- Gaining a professional license
- Affordable housing options
These potential consequences make it essential to find and speak with a capable Tacoma felony attorney, who can examine the facts of your case and work towards minimizing or eliminating any negative effects.
Felony Gun Enhancements in Washington
In addition to the typical consequences for a felony conviction in Washington, if a firearm was used during the commission of certain felony-level offenses, a “firearm enhancement” can significantly heighten your punishment. This is outside of other aggravating factors that might increase your exposure, such as using another type of deadly weapon because Washington considers the use of firearms to be more egregious.
In some instances, the penalties for using a firearm can be even more severe than the standard sentence associated with the original crime. It is also important to note that these enchantments are mandatory and run consecutively to all other sentencing. Firearm enhancements in Washington are not eligible for sentence reductions based on good behavior and must be served in total confinement, meaning an individual cannot serve an enhanced sentence through alternatives like house arrest or work release. For example, if you are convicted of felony assault and were armed at the time, even if you avoid the maximum sentence allowable under the law for the assault, you will still be subjected to the mandatory term of imprisonment for having the firearm.
Specifically, RCW 9.94a.533 outlines that courts in Washington must apply the following firearm enhancements to individuals if they or an accomplice are convicted of an underlying offense and were armed with a firearm at the time:
- Firearm Enhancement for Class C Felonies – 18 months for a first offense and three years for a subsequent conviction.
- Firearm Enhancement for Class B Felonies – Three years for a first offense and six years for a subsequent conviction.
- Firearm Enhancement for Class A Felonies – Five years for a first offense and 10 years for a subsequent conviction.
Virtually all felonies in Washington can include a firearm enhancement, except those where using a firearm is already an essential element of the crime. These include firearm offenses like the unlawful possession of a firearm, possession of an illegal firearm, or the unlawful discharge of a weapon.
While the possession or use of a firearm during the commission of a felony can seem clear in some cases, such as robbing a store at gunpoint, there are instances where constructive possession comes into play. If you were charged with robbery and a gun was in your vehicle, a firearm enhancement may not be appropriate. Essentially, by working with a skilled Tacoma felony attorney with experience in this area, you may be able to show that while you may have had physical possession or access to a firearm, you did not have the degree of control required to support an enhancement. In any event, it is always best to discuss all your options with a knowledgeable criminal defense attorney.
ALTERNATIVES & FELONY DEFENSE OPTIONS
A skilled Washington criminal defense attorney strives to achieve the best possible outcome for their client by thoroughly understanding their situation, the circumstances that led to their charges, and their priorities. This includes exploring various felony defense strategies, pursuing alternative sentencing options, negotiating to reduce charges, and seeking dismissal of evidence or charges based on violated rights.
Some potential alternative sentences include participating in alcohol/drug treatment, attending victim panels, receiving anger management counseling, performing community service, being placed on probation, wearing electronic monitoring devices, paying restitution, and plea bargaining.
It is crucial to remember that anyone accused of a felony is presumed innocent under the law. This means that the prosecution must prove guilt beyond a reasonable doubt rather than the defendant having to prove their innocence. A proficient felony lawyer can help assess the probability of the state meeting that burden and develop a strong defense strategy.
Unfortunately, misunderstandings and unreliable or confused witnesses can lead to felony charges. It may be frustrating that simply explaining a situation cannot avoid the justice system, but early and effective legal representation can help present explanations through proper channels. An attorney can also present evidence to show that the defendant was elsewhere during the crime or was the victim of mistaken identity.
Additional felony defense strategies to consider with an attorney may include demonstrating that the defendant acted under duress, lacked the capacity or intent to commit the crime, was unaware that their actions were illegal, acted in self-defense or the defense of others, or committed the crime out of necessity during an emergency.
SPEAK TO AN AGGRESSIVE
TACOMA FELONY ATTORNEY TODAY
Given the permanent and significant repercussions of a felony conviction, it is crucial to find a skilled defense attorney to represent you.
At The Law Offices of Morgan Fletcher Benfield, PLLC, we prioritize honest communication and are dedicated to determining the optimal course of action for your case. If you or someone you know is facing felony charges, we are available to provide assistance.
Don’t wait, call us today at (253) 518-3643 to schedule your free consultation and discover your options.
