Felony Defense
Law Office of James Edmund Oliver
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Felony Defense

    A felony is a crime for which the minimum punishment is more than one year in prison. In Washington, a person will also lose their civil rights, such as the right to vote or own a firearm, if they are convicted of this type of crime.

    A felony generally falls within one of seven categories.  These categories are: 

1) Property Crimes - Offenses involving the taking or damaging the another person's property without consent. Examples include stealing or damaging property valued at more than $250; Burglary (taking items from a building), R
obbery (taking by force), forgery (passing a bogus check, having a fake I.D.), and arson.

2) Serious Traffic Violations - Offenses involving serious misconduct while driving a motor vehicle.  DUI is the most common misdemeanor example, although multiple convictions for DUI can lead to the accused being charged with a felony.  Vehicular Assault (injuring someone while racing, or driving drunk), Assault 2 (intentionally using a vehicle to injure someone), and Vehicular Homicide are all Serious Traffic Violations.  

3) Sex Crimes - Offenses involving illegal sexual conduct. Examples include rape, child molestation and possession of child pornography. These offenses are highly volatile, and simply being investigated can ruin a man or woman's personal and professional reputation.

4) Controlled Substances - Offenses involving the possession, distribution, or sale of illegal drugs. Normally, courts treat simple possession of drugs less seriously than selling or distributing drugs, as the user is seen partially as a victim in need of treatment by many judges whereas a dealer is viewed as part of the problem. There may also be considerable class bias in the punishment of these offenses as "upper class drugs" such as LSD, powder cocaine, and marijuana are punished less severely than "working class" or "inner city drugs" such as methamphetamine and crack cocaine.

5) Violent Crimes - Offenses involving an act of violence against another person. The violence can be verbal or physical.  Washington has a 3 Strikes Law, in which a person convicted of most serious violent offenses will go to jail for the rest of his life without the possiblity of parole.  Felony examples are murder, aggravated assault, manslaughter and aggravated stalking.

6) Domestic Violence Crimes - This sub-category of Violent Crimes deserves to be treated as a separate category.  Domestic Violence (DV) type offenses are a relatively new political and legislative response to the increasing awareness of violent behavior between persons living in the same house.  The victim is not allowed to dismiss the charges once the accused has been arrested and the prosecutor will attempt to prosecute the accused even if the victim - usually the spouse or other domestic partner - refuses to testify and wants the charges dismissed. The punishment for these charges has increased over the years, as public awareness of the problem of domestic violence has increased.

7) Crimes Against Society - Offenses involving some kind of action against a public official, a government institution, or a breach of the public peace. Misdemeanor examples  include public intoxication, and obstruction (giving a false name or driver's license to a police officer). Examples of felonies are Unlawful Possession of a Firearm by a Convicted Felon, Bail Jumping (Failing to Appear for a Hearing), Operating a Drug House. 

                                                         Felony Sentencing Grid

SERIOUSNESS

LEVEL

 

OFFENDER SCORE

 

 

 

0

 

1

 

2

 

3

 

4

 

XVI

 

 Life Sentence without Parole/Death Penalty

 

 

 

 

XV

 

23y 4m

240 – 320

 

24y 4m

250 – 333

 

25y 4m

261 - 347

 

26y 4m

271 – 361

 

27y 4m

281 - 374

 

XIV

 

14y 4m

123 – 220

 

15y 4m

134 – 234

 

16y 2m

144 - 244

 

17y

154 – 254

 

17y 11m

165 - 265

 

XIII

 

12y

123 – 164

 

13y

134 – 178

 

14y

144 - 192

 

15y

154 – 205

 

16y

165 - 219

 

XII

 

9y

93 – 123

 

9y 11m

102 – 136

 

10y 9m

111 - 147

 

11y 8m

120 – 160

 

12y 6m

129 - 171

 

XI

 

7y 6m

78 – 102

 

8y 4m

86 – 114

 

9y 2m

95 - 125

 

9y 11m

102 – 136

 

10y 9m

111 - 147

 

X

 

5y

51 – 68

 

5y 6m

57 – 75

 

6y

62 - 82

 

6y 6m

67 – 89

 

7y

72 - 96

 

IX

 

3y

31 – 41

 

3y 6m

36 – 48

 

4y

41 - 54

 

4y 6m

46 – 61

 

5y

51 - 68

 

VIII

 

2y

21 – 27

 

2y 6m

26 – 34

 

3y

31 - 41

 

3y 6m

36 – 48

 

4y

41 - 54

 

VII

 

18m

15 – 20

 

2y

21 – 27

 

2y 6m

26 - 34

 

3y

31 – 41

 

3y 6m

36 - 48

 

VI

 

13m

12+ - 14

 

18m

15 – 20

 

2y

21 - 27

 

2y 6m

26 – 34

 

3y

31 - 41

 

V

 

9m

6 – 12

 

13m

12+ - 14

 

15m

13 - 17

 

18m

15 – 20

 

2y 2m

22 - 29

 

IV

 

6m

3 – 9

 

9m

6 – 12

 

13m

12+ - 14

 

15m

13 – 17

 

18m

15 - 20

 

III

 

2m

1 – 3

 

5m

3 – 8

 

8m

4 - 12

 

11m

9 – 12

 

14m

12+ - 16

 

II

 

0 - 90

Days

 

4m

2 – 6

 

6m

3 - 9

 

8m

4 – 12

 

13m

12+ - 14

 

I

 

0 - 60

Days

 

0 – 90

Days

 

3m

2 - 5

 

4m

2 – 6

 

5m

3 - 8

To use the Sentencing Grid, you must first know the Offender Score for the person whose range you are calculating.  The Offender Score is the total number of prior felony convictions.  Most Juvenile Felony Offenses count as a half point each unless they were sexual or violent in nature.  After you have determined the Offender Score, you must determine the Seriousness Level of the Offense the person is currently charged with.  Once you are armed with the Offender Score and Seriousness Level, you are ready to calculate the Standard Range for the current offense.

 

The Seriousness Level is the column with the Roman numerals on the left of the Grid.  The Offender Score is the row at the top of the Grid showing the numbers 0-4.  Find the Offender Score for the person you are scoring.  Note that because of space limitations, I have only allowed for scores of up to Four points.  Once you have found the appropriate Offender Score, scan directly below the Score until you come to the row with the appropriate Seriousness Level.  The Standard Range for the current offense is found where the Offender Score Column and Seriousness Level Row intersect.

 

Example: John has 3 prior adult felony convictions.  He is charged with Burglary 2.  John has an Offender Score of 3, or 3 points.  Looking at the table below, we see that Burglary 2 is a Seriousness Level III offense.  John’s Offender Score of 3 points intersects with Seriousness Level III at a Sentencing Range of 9-12 months.  The number above the range, “11m” is the Presumptive Sentence, or the sentence the Judge is suggested to impose.  Judges, however, can sentence anywhere within the Standard Range, and sometimes, outside of it.

                                                                                   

Offense

Seriousness

Level

 

Offense

Seriousness Level

Assault 1

XII

 

Malicious Mischief 1

II

Assault 2

IV

 

Malicious Mischief 2

I

Assault 3

III

 

Possession of Machine gun or Sawed Off Shotgun

III

Assault of Child 1

XII

 

PSP 1

II

Assault of Child 2

IX

 

PSP 2

I

Bail Jump – Class A

V

 

Rendering Criminal Assistance 1

V

Bail Jump – Class B

III

 

Robbery 1

IX

Burglary 1

VII

 

Robbery 2

IV

Burglary Residential

IV

 

TMVOP

V

Burglary 2

III

 

Witness Tampering