Attorney At Law
Maximum Penalties
(The most a Judge can impose)
| Misdemeanors |
90 days in jail/$1,000 fine |
| Gross Misdemeanors |
1 year in jail/ $5,000 fine |
| Class C felony |
5 years in prison/ $10,000 fine |
| Class B felony |
10 years in prison/ $20,000 fine |
| Class A felony |
Life Imprisonment/ $50,000 fine |
Penalties
Kevin P. Donnelly | Attorney At Law
270 South Hanford St, Suite 100, Seattle, WA 98134 | (206) 341-9398 | Kevin@Kevindonnellylaw.com
Realistic Penalties
In misdemeanors and gross misdemeanors cases, the court has the discretion to impose any penalty up to the maximum. Generally, that decision is based upon the nature of the crime and the defendant's criminal history.
In felonies, the penalties are more concrete. The Judge will give a sentence within a range based upon a defendant's criminal history and the classification of the crime. For instance, a first offender convicted of Theft in the Second Degree faces a standard range of 0-60 days. A repeat offender with 9 prior felonies faces a standard range for the same crime of 22-29 months. A sentence within the standard range cannot be appealed. A sentence below the standard range can be appealed by the prosecutor and to sentence above the standard range can be appealed by the defendant. The Judge has to provide a legitimate legally sufficient reason in writing if he or she hands out a sentence below or above the standard range. For certain sex offenses, the standard range is merely the sentence that must be served before an offender is entitled to a parole board hearing.
Washington also has a three strikes law. Someone convicted of three qualifying crimes (strikes) will receive life imprisonment without the possibility of parole. However the three strikes law is limited to felonies that are violent or serious crimes. Most drug and property crimes do not classify as strikes. Washington has a two strikes law for certain sex offenses.
Washington also has changed the way it sentences sex offenders. Under current law, someone sentenced for certain sex crimes is sentenced to the maximum term for the crime. After that person has served the sentence imposed by the judge, he still is not released. He must be approved for release by the indeterminate sentence review board. The Department of Corrections will keep an offender in custody until he is approved for release by the indeterminate sentence
review board. Otherwise an offender stays in prison until the maximum sentence is served. For example, a class A felony means that the Department of Corrections can keep someone in custody for life because that is the maximum sentence.
For some sex offenses, depending upon the circumstances of the offense, there is a minimum term of 25 years if the offense is deemed predatory.
*This information is provided only as general guidelines, and are not intended to, and do not, constitute legal advice to the reader. This information is not intended to create an attorney-client relationship between the reader and myself. You must consult a lawyer for legal advice regarding specific facts and circumstances.
lnk