All crimes in the State of Washington are enumerated
in the Revised Code of Washington (RCW). These codes define what a crime is,
lay out the elements of each crime and, in many cases, provide sentencing
guidelines for the specific criminal act. Crimes are divided into two
categories: misdemeanors and felonies. The less serious offenses are known as
misdemeanors, and are further divided into simple misdemeanors and gross
misdemeanors. All misdemeanor cases are heard in Municipal and District Courts;
and the Court is determined by the law enforcement agency that conducts the
investigation and the Prosecutors office assigned to the particular
jurisdiction. The more serious offenses are known as a felony. Felonies are
categorized into classes A, B, or C in descending order of seriousness. All felony
cases are heard in the Superior Court of the particular county the crime is
alleged to have occurred.
A misdemeanor is often regarded as a minor criminal
offense. Examples of simple misdemeanors include disorderly conduct, driving
while license suspended in the third degree and solicitation of a prostitute. A
simple misdemeanor carries a maximum penalty of up to 90 days in jail and fines
of up to $1,000. A gross misdemeanor is a much more serious offense. Driving
while under the influence of alcohol/drugs is a gross misdemeanor as well as an
assault in the 4th degree charge and theft in the 3rd
degree. These offenses carry penalties of up to one year in jail and fines of
up to $5,000. Some misdemeanors such as a driving under the influence offense carry
mandatory punishments per the RCW. Penalties often depend on the nature of the
offense, any aggravating factors involved, and the prior criminal history of
the offender.
Felony crimes are much more serious than
misdemeanors. A felony crime includes offenses such offenses as murder, robbery,
rape, burglary, and sales or distribution of illegal drugs. Class A felonies
are the most serious offenses and are punishable by prison sentences which can
include life, as well as fines of up to $50,000. Class B felonies carry
penalties of up to 10 years in prison and fines of up to $20,000. Class C
felonies are punishable by up to 5 years in prison and up to $10,000 in fines.
The Washington State sentencing guidelines further
classifies each felony crime by assigning specific standard ranges for each
charge. These standard ranges are used to determine the amount of time a
defendant could be incarcerated for if convicted of a particular felony charge.
Fifteen seriousness levels exist from Level I to Level XV which carry
corresponding sentencing ranges for each level. At the time of sentencing on a
felony charge, a pre-sentence report is typically required by the respective
sentencing judge who makes the final determination of the exact sentence that
the defendant will receive. These pre-sentence reports often time include information
such as criminal, family, and employment history, psychological assessments,
statements from victims, and often times will include each parties recommendation
to the Court of what they believe would be a fair and just sentence.
If you or a loved one is in a bind as a result of a criminal
charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is
not going to judge you, and understands that everyone makes mistakes. Hiring a
Seattle Criminal Lawyer to help can – at a minimum – reduce penalties, and can
help direct people on how to best deal with their criminal charge, and many
times even get them dismissed. So it should go without saying that someone
cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s
personal and professional life. Anyone charged with a crime in Washington State
should immediately seek the assistance of a seasoned Seattle Criminal Lawyer.
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