Washington Sentencing Guidelines Explained: How Felony Sentences Are Determined

Washington State uses a determinate sentencing system under RCW 9.94A that provides presumptive sentence ranges based on offense seriousness levels and offender criminal history scores.

Understanding how Washington's sentencing guidelines work is essential for anyone involved in the criminal justice system, whether as a defendant, family member, or legal professional. The Sentencing Reform Act (RCW 9.94A) established a structured, grid-based system designed to promote consistency and fairness in sentencing.

What Are Washington's Sentencing Guidelines?

Washington's sentencing guidelines are a determinate sentencing system enacted through the Sentencing Reform Act in 1981. Unlike indeterminate sentencing systems where parole boards decide release dates, Washington's system provides specific sentence ranges that judges must follow.

The system is based on two primary factors:

Offense Seriousness Level (I through XVI)
Offender Score (0 through 9 or more)

These two factors intersect on a sentencing grid that provides a presumptive sentence range in months. Judges are required to sentence within this standard range unless they find substantial and compelling reasons to depart from it.

Key Principles

Consistency: Similar offenses by offenders with similar criminal histories receive similar sentences
Transparency: Sentencing ranges are predetermined and publicly available
Truth in Sentencing: Offenders serve a predictable portion of their sentence
Reduced Disparities: Minimizes unwarranted variations in sentencing

How Sentences Are Determined

Offense Seriousness Level (I-XVI)

Every felony crime in Washington is assigned an offense seriousness level under RCW 9.94A.515. The levels range from I (least serious) to XVI (most serious).

Examples of Offense Seriousness Levels:

Level XVI: Aggravated Murder 1
Level XIV: Murder 2, Homicide by Abuse
Level XII: Manslaughter 1, Assault 1
Level X: Rape 2, Kidnapping 1
Level IX: Assault 2, Robbery 2
Level VII: Burglary 1, Theft 1 (over $5,000)
Level V: Forgery, Identity Theft 1
Level III: Theft 2, Burglary 2
Level I: Theft 3, Criminal Trespass 1

The legislature assigns each crime to a specific seriousness level based on factors such as:

Harm to victims
Use of weapons
Degree of violence
Amount of financial loss
Societal impact

Offender Score (0-9+)

The offender score is calculated under RCW 9.94A.525 based on an individual's prior criminal history. Each prior felony conviction typically counts as one point.

What Counts Toward the Offender Score:

Prior Washington felony convictions
Out-of-state felony convictions (if equivalent to Washington felonies)
Federal felony convictions
Certain serious juvenile convictions
Prior convictions from the same date (counted separately)

What Does NOT Count:

Misdemeanor convictions (with some exceptions)
Convictions that occurred after the current offense
"Washed out" prior offenses (for certain crimes)
Convictions under age 15 (with exceptions)

The score ranges from 0 (no prior criminal history) to 9 or more (extensive criminal history).

The Sentencing Grid

The sentencing grid is found in RCW 9.94A.510. It's a matrix with:

Rows: Offense seriousness levels (XVI at top, I at bottom)
Columns: Offender scores (0 to 9+)
Cells: Presumptive sentence ranges in months (low to high)

Judges select a sentence within the range provided by the intersection of the offense seriousness level and offender score.

Example Sentencing Scenarios

Example 1: Level VII Offense, Offender Score 3

Scenario: A defendant is convicted of Burglary 1 (Level VII) and has an offender score of 3.

Sentencing Range: 18-24 months

Explanation: Looking at the sentencing grid, the intersection of Level VII and offender score 3 provides a range of 18 to 24 months. The judge must sentence within this range unless exceptional circumstances exist.

Example 2: Level II Offense, Offender Score 0

Scenario: A first-time offender (offender score 0) is convicted of Theft 2 (Level II).

Sentencing Range: 3-8 months

Explanation: The grid shows 3-8 months for this combination. However, first-time offenders convicted of Level II offenses may be eligible for alternative sentencing options such as Drug Offender Sentencing Alternative (DOSA) or First-Time Offender Waiver.

Example 3: Level XII Offense, Offender Score 5

Scenario: A defendant with substantial criminal history (offender score 5) is convicted of Assault 1 (Level XII).

Sentencing Range: 97-129 months (approximately 8-11 years)

Explanation: More serious offenses combined with higher offender scores result in significantly longer sentences. This defendant would serve approximately 8 to 11 years.

Enhancements and Exceptions

Weapon Enhancements (RCW 9.94A.533)

When a firearm or deadly weapon is used during certain felonies, mandatory sentence enhancements apply:

Class A Felony: +24 months
Class B Felony: +18 months
Class C Felony: +12 months

These enhancements are consecutive (added on top of the base sentence) and mandatory (judges cannot reduce them).

Example: A defendant convicted of Robbery 1 (Class A, Level IX) with a weapon would receive the standard range for Level IX PLUS an additional 24 months.

Drug Offenses Under RCW 69.50

Drug-related offenses under RCW 69.50 have their own seriousness levels. Additionally, certain drug offenses may be eligible for:

Drug Offender Sentencing Alternative (DOSA): Reduces prison time in exchange for treatment
First-Time Offender Waiver: Eligible defendants may avoid felony conviction through successful program completion

Exceptional Sentences (RCW 9.94A.535)

Judges may depart from the standard range under RCW 9.94A.535 if they find "substantial and compelling reasons."

Aggravating Factors (upward departure):

Deliberate cruelty to victim
Multiple victims
Victim vulnerability (elderly, disabled, child)
Abuse of position of trust
High degree of sophistication
Offense part of ongoing pattern

Mitigating Factors (downward departure):

Lack of knowledge of criminal conduct
Acted under duress
Minor participation in the crime
Victim provocation
Defendant's capacity substantially impaired

Judges must make written findings of fact to support any exceptional sentence, and such sentences can be appealed.

Common Questions

What is the difference between Class A, B, and C felonies?

Washington felonies are classified as Class A (most serious, max 20 years to life), Class B (max 10 years), or Class C (max 5 years). The classification affects maximum sentences and weapon enhancement periods. However, the actual sentence is determined by the sentencing grid, not just the felony class.

Can a judge impose less than the grid sentence?

Only under exceptional circumstances as defined in RCW 9.94A.535. The judge must find substantial and compelling mitigating factors and provide written findings. Prosecutors can appeal sentences below the standard range.

Are violent crimes eligible for reductions?

Offenders earn "good time" or earned release time for good behavior and program participation. Most offenders can earn up to one-third off their sentence. However, certain violent offenses and sex offenses may have restrictions on earned release time. The actual release date is determined by the Washington State Department of Corrections.

How do concurrent and consecutive sentences work?

Concurrent sentences: Multiple sentences served at the same time (total time = longest sentence)
Consecutive sentences: Sentences served back-to-back (total time = sum of all sentences)

The sentencing court decides whether multiple sentences run concurrently or consecutively. Weapon enhancements are always consecutive.

What about juvenile convictions?

Juvenile convictions may count toward the offender score if:

The offense would be a felony if committed by an adult
The conviction occurred after age 15 (or age 13-14 for certain serious offenses)
The juvenile was sentenced as an adult, OR
The conviction meets specific statutory criteria in RCW 9.94A.525

Actual Time Served

While the sentencing grid provides the imposed sentence, actual time served is typically less due to:

Earned Release Time: Up to 33% reduction for good behavior and program participation
Jail Credit: Credit for time already served in county jail awaiting trial or sentencing
Community Custody: Post-release supervision period (not additional incarceration)

The Washington State Department of Corrections calculates release dates based on these factors.

Disclaimer

This article is for educational purposes only and does not constitute legal advice. Actual sentences depend on many factors including:

Specific case circumstances
Judicial discretion within the standard range
Plea agreements
Alternative sentencing programs
Aggravating or mitigating factors
Changes in Washington law

If you or someone you know is facing criminal charges in Washington State, it is essential to consult with a qualified criminal defense attorney who can provide personalized legal guidance.

Calculate Your Estimated Sentence

Want to estimate a sentencing range under Washington's guidelines? Use our Washington Sentencing Guidelines Calculator to enter an offense seriousness level and offender score and see the presumptive range based on the official RCW 9.94A grid.

Additional Resources

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