Washington Sentencing Guidelines Calculator

Question 1

What are Washington's sentencing guidelines?

Accepted Answer

Washington's sentencing guidelines are a determinate sentencing system established by the Sentencing Reform Act (RCW 9.94A). The system uses a sentencing grid that provides presumptive sentence ranges based on two key factors: the offense seriousness level (ranging from I to XVI, with XVI being the most serious) and the offender score (ranging from 0 to 9 or more, based on criminal history). Judges are required to sentence within these standard ranges unless they find substantial and compelling reasons to depart from them under RCW 9.94A.535. The guidelines were designed to promote consistency, fairness, and transparency in sentencing across Washington State while reducing unwarranted sentencing disparities.

Question 2

How is the offender score calculated?

Accepted Answer

The offender score is calculated under RCW 9.94A.525 based on an individual's prior criminal history. Each prior felony conviction in Washington State typically counts as one point. Out-of-state and federal felony convictions that would be classified as felonies in Washington also count. Certain juvenile convictions may be included depending on the age at which they were committed and the seriousness of the offense. The score can range from 0 (no prior criminal history) to 9 or more (extensive criminal history). The calculation considers only convictions that occurred before the current offense and uses specific rules for counting convictions from the same date, related crimes, and wash-out periods for certain offenses. The prosecutor typically calculates the offender score as part of the sentencing process, and it can be challenged by the defense.

Question 3

What is an offense seriousness level?

Accepted Answer

An offense seriousness level is a classification assigned to each felony crime under RCW 9.94A.515. The levels range from I (least serious) to XVI (most serious). For example, Level XVI includes crimes like aggravated murder, while Level I includes less serious felonies such as third-degree theft or forgery. The legislature assigns each specific crime to a particular seriousness level based on factors like the harm caused to victims, use of weapons, degree of violence, amount of loss in property crimes, and societal impact. The seriousness level is predetermined by statute and cannot be changed by judges in individual cases. This level, combined with the offender score, determines where on the sentencing grid a particular case falls and establishes the presumptive sentencing range.

Question 4

Can judges depart from the standard range?

Accepted Answer

Yes, but only under limited circumstances defined in RCW 9.94A.535. Judges may impose an exceptional sentence above or below the standard range if they find "substantial and compelling reasons" that justify the departure. Aggravating factors that may support an upward departure include deliberate cruelty to the victim, multiple victims, vulnerability of the victim, high degree of sophistication, or the offense being part of an ongoing pattern. Mitigating factors that may support a downward departure include the defendant's lack of knowledge of the criminal nature of their conduct, duress, minor participation in the crime, or provocation by the victim. The judge must make specific findings of fact to support any departure and provide a written statement of reasons. Exceptional sentences can be appealed by either the prosecution or defense. First-time offenders convicted of certain crimes may also be eligible for alternative sentencing programs that avoid standard sentencing ranges.

Question 5

Does this calculator provide official legal advice?

Accepted Answer

No, this calculator is strictly an educational tool and does not constitute legal advice. It provides estimates based on the Washington State sentencing grid under RCW 9.94A.510, but actual sentences depend on many factors beyond the scope of this calculator. These factors include specific case circumstances, aggravating or mitigating factors, whether exceptional sentences are imposed, plea agreements, judicial discretion within the standard range, concurrent versus consecutive sentences for multiple charges, and eligibility for alternative programs. Additionally, the offender score calculation can be complex and may be subject to interpretation or legal challenges. The Department of Corrections also determines actual release dates based on earned release time and good behavior. 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 advice based on the specific facts of the case and current Washington law.

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Frequently Asked Questions

What are Washington's sentencing guidelines?

How is the offender score calculated?

What is an offense seriousness level?

Can judges depart from the standard range?

Does this calculator provide official legal advice?

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