Felony Classes and Maximum Penalties in Washington
Washington divides felonies into three classes under RCW 9A.20.021. The class sets the maximum sentence a court can impose. In practice, the actual sentence is usually far lower and is set by the state’s sentencing guidelines, explained below.
| Class | Maximum prison term | Maximum fine | Examples |
|---|---|---|---|
| Class A | Life | $50,000 | Murder, first-degree assault, first-degree robbery, first-degree rape |
| Class B | 10 years | $20,000 | Second-degree assault, residential burglary, second-degree robbery, first-degree theft |
| Class C | 5 years | $10,000 | Third-degree assault, second-degree theft, second-degree malicious mischief |
Felony Charges Kimberly Exe Defends
Kimberly Exe has represented clients in every type of felony matter and has tried cases to verdict involving homicide, violent offenses, “third strike” offenses, sex offenses, domestic violence, child and elder abuse, kidnapping, robbery, burglary, theft, fraud and drug offenses.
- HomicideMurder, manslaughter and vehicular homicide
- AssaultFirst- through third-degree assault, including assault with a deadly weapon
- Robbery and KidnappingRobbery, kidnapping and unlawful imprisonment
- BurglaryResidential burglary and first- and second-degree burglary
- Theft and FraudFirst- and second-degree theft, identity theft, forgery and fraud
- Persistent Offender Cases“Third strike” cases that carry a mandatory life sentence
- Child and Elder AbuseAllegations involving vulnerable family members or dependents
- Felony Drug OffensesPossession with intent to deliver, delivery and manufacturing
For charges with their own sentencing rules, see the pages on sex crimes, domestic violence and drug crimes.
How Felony Sentencing Works in Washington
Most felony sentences are governed by the Sentencing Reform Act (chapter 9.94A RCW). The judge locates a standard range on a sentencing grid that crosses two numbers: the offense’s seriousness level and the person’s offender score, which is calculated from prior convictions and other current offenses.
Because the offender score drives the range, the details of a person’s criminal history matter. These details include how old prior convictions are and whether they “wash out,” whether out-of-state convictions are truly comparable to Washington crimes, and whether multiple current offenses count as the “same criminal conduct.” Errors in these calculations can add months or years to a sentence.
Enhancements and exceptional sentences
Firearm and deadly weapon enhancements add mandatory time that runs consecutively to the base sentence. Prosecutors may also seek an exceptional sentence above the standard range. Under Blakely v. Washington, the aggravating facts behind that request generally must be proven to a jury beyond a reasonable doubt. The defense may ask for a sentence below the range when mitigating factors apply.
Persistent offender (“three strikes”) cases
Washington’s Persistent Offender Accountability Act requires life without the possibility of release for a person convicted of a third “most serious offense.” With stakes this high, every prior conviction, comparability argument and trial decision deserves close scrutiny. Kimberly Exe has conducted jury trials in “third strike” cases.
Sentencing alternatives
Depending on the offense and criminal history, alternatives may include the First-Time Offender Waiver, the Parenting Sentencing Alternative, the Drug Offender Sentencing Alternative (DOSA) and the Special Sex Offender Sentencing Alternative (SSOSA).
The Felony Case Process in Superior Court
Felony cases are prosecuted in Superior Court. King County Superior Court holds court in Seattle and at the Maleng Regional Justice Center in Kent, and Snohomish County Superior Court sits at the county courthouse in Everett. While every case is different, most follow the same path:
First appearance
Shortly after an arrest, a judge reviews probable cause and sets release conditions or bail. An attorney can argue for release at this hearing.
Charging and arraignment
The prosecutor files charges in Superior Court. At arraignment, you enter a plea of not guilty and the court sets the case schedule.
Discovery and investigation
The defense obtains police reports, recordings and lab results, then conducts its own investigation, interviews and expert review.
Pretrial motions
Motions can challenge unlawful searches, suppress statements, exclude unreliable evidence or seek dismissal.
Negotiation
Many cases resolve through reduced charges, a lower offender score, or a sentencing alternative, and only when that serves the client.
Trial and sentencing
At trial, the State must prove every element beyond a reasonable doubt to a unanimous jury. If there is a conviction, the defense presents mitigation at sentencing.
Building a Defense to a Felony Charge
A strong felony defense starts early, often before charges are filed, and is built on a complete understanding of the evidence. Depending on the case, that may include:
- Challenging stops, searches and seizures under the Fourth Amendment and Article I, Section 7 of the Washington Constitution, which protects privacy more broadly than federal law
- Testing eyewitness identification, forensic results and the credibility of the State’s witnesses
- Raising self-defense and other defenses when the facts support them
- Correcting the offender score and criminal history the State relies on
- Presenting mitigation such as treatment, employment, family responsibilities and personal history to support a lower sentence or an alternative
You have the right to remain silent and the right to an attorney. Politely decline questioning and contact a defense lawyer before speaking with police, even if you believe you can explain.
Felony Defense FAQs
What is the difference between a felony and a misdemeanor in Washington?
A felony is a crime punishable by more than a year in state prison. A misdemeanor carries up to 90 days in jail, and a gross misdemeanor carries up to 364 days.
Will I go to prison if I’m convicted of a felony?
Not necessarily. The sentence depends on the standard range for the offense and your offender score. Sentences of one year or less are served in county jail rather than state prison, and many people with little or no criminal history face ranges that allow for little or no confinement.
Can a felony charge be reduced to a misdemeanor?
Sometimes. Through investigation and negotiation, a defense attorney may be able to persuade the prosecutor to amend a felony charge to a misdemeanor or gross misdemeanor, which carries far less serious consequences.
Can I vacate a felony conviction in Washington?
Many class B and class C felonies can be vacated after the sentence is complete and a waiting period passes without new convictions. Class A felonies, violent offenses and certain other crimes are not eligible.
When should I contact a felony defense lawyer?
As soon as possible, ideally before charges are filed. Early representation can protect you during the investigation, preserve evidence and sometimes influence the charging decision.
This page provides general information about Washington law. It is not legal advice, and laws change. Contact the office to discuss the specific facts of your case.