Arrested for A Felony in Washington State
(Cases Filed in Superior Courts)
When you have been arrested for a Felony in the Seattle/Tacoma area or elsewhere in the state of Washington you may face harsh penalties including significant incarceration, stiff fines and probation. You need the assistance of an experienced and aggressive criminal defense attorney. The law office of Stewart Beall MacNichols & Harmell, Inc., P.S., provides the knowledge and experience that is necessary to ensure that your rights are protected and that you are treated fairly.
The lawyers at Stewart Beall MacNichols & Harmell, Inc., P.S., have over thirty year of combined experience aggressively representing thousands of person charged with crimes including:
Sex Crimes (Rape Molestation)* Assault * Domestic Violence
Drug Charges ( Marijuana, Cocaine, Methamphetamines, Heroin)
VUCSA * Harassment * Malicious Mischief * Vehicular Assault
Violations of No Contact, Protection and Anti-Harassment Orders *
Theft * Burglary * Robbery * Possession of Stolen Property
Free Consultation - Call 1-800-547-8639
To discuss your case you can contact one of our attorneys for a free consultation 24 hours per day by calling us at (253) 859-8840 or 1-800-547-8639. If you are calling outside regular business hours and your call is answered by our automated phone system simply press number 2 on your telephone, this will direct you to our mailbox for new clients. Press number 3 and you will be directed to leave a message. Once your message has been left, our phone system will immediately page one of our attorneys who will return your call as soon as possible. You can also e-mail us at: attystewart@qwest.net, or fax us at: (253) 859-2213.
What is a Felony?
Felonies are crimes that carry a sentence of one year or more in prison. Under Washington law felonies are broken into three broad categories, Class A, Class B and Class C. Class A felonies carry a maximum penalty of life in prison (or, for aggravated murder, the death penalty) and a $50,000 fine. Class B felonies carry a maximum penalty of 10 years in prison and a $20,000 fine. Class C felonies carry a maximum penalty of 5 years in prison and a $10,000 fine.
There are over 400 separate felonies set forth in the Adult Sentencing Guidelines Manual and classified as Class A, B or C felonies. Some of the felonies designated as Class A felonies include:
- Arson in the first Degree
- Assault in the First Degree
- Burglary in the First Degree
- Child Molestation in the First Degree, and
- Homicide by Abuse
- Kidnapping in the First Degree
- Kidapping in the Second Degree, with a Sexual
- Motivation
- Murder
- Manslaughter in the First Degree
- Rape in the First Degree
- Rape in the Second Degree
- Robbery in the First Degree
- Vehicular Homicide
Some of the felonies designated as Class B felonies include:
- Arson in the Second Degree
- Assault in the Second Degree
- Burglary in the Second Degree
- Child Molestation in the Second Degree
- Criminal Mistreatment in the First Degree
- Drive By Shooting
- Hit and Run Homicide/Death
- Kidnapping in the Second Degree
- Manslaughter in the Second Degree
- Manufacture, Deliver or Possess with Intent to
- Deliver Cocaine, Heroin or Amphetamine
- Manufacturing Methamphetamine
- Residential Burglary
- Robbery in the Second Degree
- Taking a Motor Vehicle Without Permission
- In the First Degree
- Theft in the First Degree
- Theft of a Firearm
- Unlawful Possession of a Firearm in the First Degree
- Vehicular Assault
Some of the felonies designated as Class C felonies include:
- Animal Cruelty in the First Degree
- Attempting to Elude a Pursuing Police Vehicle
- Child Molestation in the Third Degree
- Communicating with a Minor for Immoral Purposes
- Domestic Violence Court Order Violation
- Failure to Register as a Sex Offender
- Forgery
- Harassment - Deadly Threat Made
- Hit and Run Injury
- Manufacture, Deliver or Possess with Intent to
- Deliver Marijuana
- Possession of Most Illegal Drugs (including Cocaine
- And Heroin)
- Rape in the Third Degree
- Stalking
- Theft in the Second Degree
- Unlawful Possession of a Firearm in the Second Degree
- Vehicular Assault
For complete information regarding the classification of felony crimes, and to discuss your case more thoroughly, please call one of our attorneys at (253) 859-8840 or 1-800-547-8639. We can be reached 24 hours per day.
Felony Sentencing
In 1981, the Washington State Legislature enacted the Sentencing Reform Act, which established the Sentencing Guidelines Commission. It was the responsibility of the Commission to recommend a determinate sentencing system for felony crimes. The Commission's original sentencing grid was enacted into law in 1983. The Sentencing Reform Act applies to crimes committed on or after July 1, 1984. Prior to 1984, sentences imposed for felonies committed in Washington were indeterminate. Courts had a wide discretion over whether to impose a period of incarceration, and the length of that incarceration.
Since its inception, the Legislature has added onto the Sentencing Reform Act in almost every session since 1984, often requiring longer periods of incarceration for violent offenders and sex offenders. In addition, initiatives voted on by the public have resulted in harsh penalties for crimes committed with firearms, as well as the nation's first "three strikes" law.
Washington law with regard to felony sentencing is complex. In addition to a jail and/or prison sentence, a person convicted of a felony may receive work crew, community service, work release, home detention and/or be assigned to a work ethic camp. Furthermore, a period of community custody (similar to probation) will likely be imposed by the sentencing judge, as well as a fine, and other financial legal obligations including court costs, attorney's fees, restitution, victim's compensation and payment for costs associated with incarceration. A person convicted of a felony offense will also lose the right to possess firearms and the right to vote. Additional consequences in some cases include the revocation of drivers licenses and being required to register as a sex offender. For complete information regarding the potential ramifications of a particular felony offense, and to discuss your case more thoroughly, please call one of our attorneys at (253) 859-8840 or 1-800-547-8639. We can be reached 24 hours per day.
Calculating a Standard Sentence Using the Sentencing Grid
As noted above, the Washington Sentencing Guidelines Commission has developed a "sentencing grid" which is used to calculate the standard sentencing range for persons convicted of most felony sentences. The grid displays the seriousness level of particular offenses on its vertical axis, and the "offender score", or number of "points" that a defendant has along its horizontal axis.
Determining the Seriousness Level
The first step in determining the standard sentence for a particular case involves identifying the seriousness level of the crime. Seriousness levels range from a low level of 1, which includes felonies such as Forged Prescription and Malicious Mischief in the Second Degree, to a high level of 16, which is limited to Aggravated Murder in the First Degree. Put simply, the more serious the crime, the higher the seriousness level.
While most felonies have been designated with a seriousness level, some that are rarely charged or were recently created by the Legislature are not included. These felonies are said to be "unranked." Where a defendant is convicted of an unranked felony, the court may impose a determinate sentence of not more than one year of confinement, community service, legal financial obligations, a fine and/or community custody of not more than one year. For complete information regarding the seriousness level of a particular felony offense, and to discuss your case more thoroughly, please call one of our attorneys at (253) 859-8840 or 1-800-547-8639. We can be reached 24 hours per day.
Calculating the Offender Score
Once the seriousness level of the crime is determined, the next step is to calculate the "offender score." Determining a defendant's offender score can be somewhat complicated. As a general rule, each prior felony conviction counts as a point and increases the offender score. However, the process is not that simple. For instance, the following are examples of potential complications in calculating a particular defendants offender score:
- adult and juvenile felonies are scored differently,
- certain prior offenses can count for more than one point, with some being double and even triple scored,
- for certain crimes prior misdemeanor offenses may effect a defendant's score,
- offenses committed while on community supervision will increase the score, and
- multiple current convictions will affect the procedure for calculating a defendant's score.
As can be seen, the process of "scoring" a particular defendant's case can be complex. It is important that any person facing a felony criminal charge consult an attorney. For complete information regarding penalties for felony offenses, and to discuss your case more thoroughly, please call one of our attorneys at (253) 859-8840 or 1-800-547-8639. We can be reached 24 hours per day.
Determining the Standard Sentence Range
The standard sentence range for an offense is determined by finding the intersection on the felony sentencing grid between the row identifying the seriousness level of the current offense and the column identifying the appropriate offender score. For instance, assume a particular defendant is facing a charge of Assault in the Second Degree. Assault in the Second Degree has a level IV seriousness level. The Sentencing Grid provides for sentencing ranges for level IV crimes as follows (sentences are indicated in months)
As such, a person convicted of a level IV offense, including Assault in the Second Degree, with an offender score of zero (0) is facing a standard sentence of three (3) to nine (9) months of incarceration. A person convicted of the same offense with an offender score of six (6) is facing a standard sentence of thirty-three (33) to forty-three (43) months incarceration. The sentencing judge may impose a sentence that falls within this standard range, or may impose an exceptional sentence outside this range under limited circumstances. (see discussion below regarding exceptional sentences)
Anticipatory Offenses
For anticipatory offenses (attempts and conspiracies) the standard sentencing range is 75% of what the range would be for a completed offense. The reduction does not, however, apply to drug offenses.
Enhancements
Certain offenses have enhanced penalties. For instance, there are longer sentences for crimes committed with firearms or other deadly weapons. There are also longer sentences for drug offenses committed near schools, school buses, public parks, public housing projects or while incarcerated in jail or prison. Persons convicted of Vehicular Homicide While Under the Influence face longer sentences if they have previous DUI/DWI related convictions.
Exceptional Sentences
Until recently, where substantial and compelling reasons existed, courts were allowed to impose sentences both above and below the standard sentencing range. However, recently in the Ralph Howard Blakely v. State of Washington the United States Supreme Court placed in question the constitutionality of sentencing courts imposing sentences exceeding the standard sentencing range.
Sentencing Alternatives
The First-Time Offender Waiver
The first-time offender waiver may be an alternative for a defendant with no felony history and no record of violent offense, sex offense or certain drug offenses. Where defendants are given a first-time offender waiver the judge has broad discretion in imposing sentence including jail time, crime related prohibitions and/or community supervision (including requirements that the person maintain employment, obtain drug and alcohol counseling, pursue an education, etc.)
Drug Offender Sentencing Alternative (DOSA)
A DOSA sentence may be available to non-violent drug offenders with no record of violent offenses or sex offenses or of crimes involving deadly weapons, and whose drug offense involved only a small amount of drugs. If the judge determines that the community and the defendant would benefit from participation in the program, the judge may impose a shortened period of confinement (generally one-half of the mid-point of the standard range), followed by a period of community supervision, including minimum requirements of law abiding behavior and alcohol and/or drug treatment.
Special Sex Offender Sentencing Alternative (SSOSA)
A SSOSA sentence allows for community treatment of sex offenders. To be eligible, a defendant must be found to be amenable to treatment and a low risk to community safety. SSOSA defendants are required to serve lengthy periods of supervision in the community.
Persistent Offenders - "Three Strikes"
Under Washington law, persons who have committed three "most serious" offenses are considered "persistent offenders" and are subject to a sentence of life in prison without the possibility of parole. Furthermore, persons convicted of two separate sex offenses are also considered "persistent offenders" subject to life in prison without the possibility of parol.
Procedure on Felony Cases
Persons charged with felonies in the state of Washington will always be charged in Superior Court, although a preliminary hearing may occur in district court. Where a person is arrested and held in-custody for a felony in Washington they will be brought before a judge for a preliminary hearing within 48 hours. Whenever possible, it is important that persons be represented by an attorney at the preliminary hearing as the court will likely set conditions of release and possibly bail.
Conditions of release are requirements that a person must comply with in order to remain out of custody while the case is pending before the court. Courts nearly always order individuals to appear at all future court hearings and to have no criminal law violations as conditions of release. Other examples of conditions of release courts often impose are: abiding by a no contact order, consuming no alcohol or non-prescribed drugs and attending self-help sober support groups.
Following the preliminary hearing the prosecution has 72 hours to file criminal charges or the defendant must be released. If charges are filed, an arraignment must be set within 14 days.
Not all persons charged with felony offenses are held in-custody prior to their arraignment. Some persons receive notice in the mail advising them to appear at an arraignment calendar. Persons who receive notice of an arraignment must appear for the calendar or a warrant will issue for their arrest. It is important that persons who receive notice of an arraignment immediately contact an attorney. For complete information regarding procedure on felony cases, and to discuss your case more thoroughly, please call one of our attorneys at (253) 859-8840 or 1-800-547-8639. We can be reached 24 hours per day.
At the arraignment calendar the defendant is advised of the nature of the charge against him or her, including the potential penalties associated with the charge as well as his or her constitutional rights. The court then asks the defendant to enter a plea of "guilty" or "not guilty." ("No contest" or "nolo contendere" pleas are not accepted in Washington courts.) As a general rule (unless an attorney advising you otherwise) it is best to enter a plea of not guilty at an arraignment. After accepting a plea of not guilty, the judge may set conditions of release and/or require the defendant to post bail.
Following the arraignment defense counsel will make a demand upon the prosecution to provide "discovery." This demand requires the prosecution to provide the defense with a copy of all evidence available to the prosecution including police reports, witness statements, expert reports, etc. The discovery is then used by the defense for purpose of preparing the defense, including plea negotiations and preparation for motions and trial.
Assuming that a plea of not guilty is entered at arraignment the next scheduled court date will be a case setting. Typically the defense attorney will meet with the prosecutor to negotiate prior to the case setting. The case setting may be continued a number of times as the prosecutor and defense attorney attempt to negotiate a plea.
Cases that are not resolved at case setting are set to an omnibus hearing. The omnibus hearing is essentially a pre-trial hearing at which legal issues are addressed prior to setting cases for trial.
Where cases cannot be resolved by way of a plea agreement or dismissal, they proceed to trial. A defendant on a felony case has the right to a trial by jury. The jury is made up of twelve persons from the county where the court is located.
If a person pleads guilty or is found guilty following a trial, the court will proceed to sentencing. Sentencing may occur immediately following the finding of guilty, but usually is scheduled for a separate hearing. At sentencing, the court will usually hear the prosecutor's recommendations, allow defense counsel to make an argument, and then give the defendant an opportunity to make a statement. The penalty imposed by the court will vary widely depending upon many factors. Some things the court will consider when imposing sentence are the nature of the allegations, the amount of harm done to other individuals, and the prior criminal history of the criminal defendant. As a general rule, the court will impose a sentence consistent with the Sentencing Guidelines discussed above.
Evidence in Felony Cases
How an individual charged with a felony will be treated by the system will generally turn upon the strengths and weaknesses of the evidence available to the prosecution. Where the prosecution's evidence is weak, there is an increased likelihood that a jury trial will result in a finding of not guilty. Because of this, where their evidence is weak prosecutor's are more open to reasonable plea negotiations.
As criminal defense attorneys, we hard work to weaken the prosecutor's evidence. One of the first things that we will do upon being retained on a case is to demand a copy of the evidence available to the prosecutor. We then work with our client to analyze the report, as well as other evidence provided by both our client and the prosecution, to determine whether any legal arguments exist as to why evidence, should be excluded from any trial.
Where legal arguments are available, we file motions, often extensive, on behalf of our clients to either exclude evidence or, where appropriate, to dismiss the case. If our arguments are successful, evidence will be excluded from trial and/or the case will be dismissed. Where evidence is excluded, it weakens the prosecutions case, increasing the likelihood that the prosecution, recognizing a trial may result in a finding of not guilty, will be more open to reasonable plea negotiations.
Bail
If bail has been set on your case and you need to find a bail bonds company, please feel free to contact our office 24 hours per day and we will assist you in locating a bail bonds company that can provide you with immediate service
Free Consultation
Most people arrested for a criminal charge have no idea what to expect with their case. For this reason, we offer all such persons a free office consultation to discuss their case.
Contacting Us
You can contact one of our attorneys for a free consultation 24 hours per day by calling us at (253) 859-8840 or 1-800-547-8639.
If you are calling outside regular business hours and your call is answered by our automated phone system simply press number 2 on your telephone, this will direct you to our mailbox for new clients. Press number 3 and you will be directed to leave a message. Once your message has been left, our phone system will immediately page one of our attorneys who will return your call as soon as possible.
You can also e-mail us at: attystewart@qwest.net, or fax us at: (253) 859-2213.
Disclaimer:
The material included in this Web Site is not intended as legal advice. Readers should not act upon information contained in this material without professional legal counseling. This website is intended for marketing and informational purposes only.
If the reader desires a legal opinion, they should contact our office or another attorney. In order for the Stewart, Beall, MacNichols & Harnell, Inc., P.S. to represent you, a written agreement is required in which you agree to retain us as your attorneys and we agree to represent you as a client.