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Timothy John Leary's Answers
Contributor Level 10
- 58 Legal Answers
- 0 Legal Guides
2
Attorney answers:
Possible jail time for second 2nd degree theft WA criminal law, no prior convictions
In Washington State, felony sentencing ranges are set by the legislature. There is a grid that establishes the range by factoring the seriousness of the crime and the defendant's felony criminal history. Theft in the Second Degree is a Class C Nonviolent Felony in Washington State. It is a level I offense [1 to 16 with 16 being the most serious.] It is not a strike offense for the purpose of the three strikes law. If convicted of Theft in the Second Degree the standard range is 0 to 60...
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1
Attorney answers:
Punishment under WA state criminal code for robbery 1st degree and assault 2nd degree
In Washington State, felony sentencing ranges are set by the legislature. There is a grid that establishes the range by factoring the seriousness of the crime and the defendant's felony criminal history. Robbery in the First Degree is a Class A Violent Felony in Washington State. It is a level IX offense [1 to 16 with 16 being the most serious. Assault in the Second Degree is a Class B Violent Felony and a level IV offense. Both are 'strike' offenses for the purpose of the three strikes...
7 people marked this answer as helpful
2
Attorney answers:
50 grams of marijuana
The Washington State Legislature designates what conduct is criminal and the severity of the punishment. With respect to marijuana, there is a distinction between amounts over and under 50 grams. Possession of marijuana in an amount under 50 grams is a gross misdemeanor. Possession over 40 grams is a Class C felony. Your friend should consult with an attorney before doing anything. There is a recent US Supreme Court case that restricts an officer's ability to search a vehicle when there...
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Attorney answers:
WHAT IS THE STANDARD SENTENCE FOR FIRST DEGREE ASSAULT?
This 21 year old is looking at incredibly serious charges. In Washington State, felony sentencing ranges are set by the Legislature. There is a grid that establishes the range by factoring the seriousness of the crime and the defendant's felony criminal history. The sentencing range for Assault-1 is HIGHER that the sentencing range for Attempted Murder-2. Assault in the First Degree is a class A, "serious violent" felony in Washington State. It is a level XII offense [1 to 16 with 16...
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Attorney answers:
Maximum punishment for 4th degree assualt in the state of washington
The maximum penalty for an assault in the fourth degree is 365 days in jail and a $5000 fine. Typically defendants never get close to the maximum penalty on an assault four conviction. I would be interested to know if the cop who escorted you away was a police officer or one of the private security folks. Any assault against a police officer is typically filed no lower than an Assault in the Third Degree. RCW 9A.36.031(1)(g) states anyone who "assaults a law enforcement officer or...
3 people marked this answer as helpful
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Attorney answers:
What is the standard juvenile sentencing range for 2nd degree arson?
The juvenile sentencing system is designed to ensure that offenders whose offenses and criminal histories are similar receive substantially similar sentences. Presumptive sentencing schedules are structured so that offenses involving greater harm to a victim and to society result in greater punishment. The system in Washington State will account for 1. The age of the offender; 2. The seriousness of the crime; 3. The number of prior and current felony convictions; 4. If...
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Attorney answers:
In WA State , what are possible penalties for 2nd degree assault?
The penalty for a felony conviction in the State of Washington will depend on: 1. The seriousness of the crime; 2. The number of prior felony convictions; 3. Whether there are "other current offenses"; 4. If the State added an enhancement (deadly weapon, firearm, school zone, etc...); and 5. Whether there is a basis for seek an exceptional sentence. For someone with no other criminal history, enhancements or exceptional sentence basis, he/she would be looking at 3 to 9 months in...
3 people marked this answer as helpful
1
Attorney answers:
Charged with attempting to elude a police officer. what are the RCW facts that police vehicles must have to make legal stops?
It sounds like a very unfortunate situation. It is important to remember that the charge is only an allegation. It is the State’s burden to prove its case beyond a reasonable doubt. Your attorney will need to be equipped to explore all factual, legal and equitable defenses on your behalf. In analyzing the strengths/weaknesses of the State's case, the jury instructions are a good place to start. Attempt to Elude is defined as: A person commits the crime of attempting to elude a...
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Attorney answers:
What are possible consequences for being charged with 2nd degree assault under WA criminal code
In Washington State, felony sentencing ranges are set by the legislature. There is a grid that establishes the range by factoring the seriousness of the crime and the defendant's felony criminal history. The purpose of the sentencing guidelines is to insure that like defendants are treated similarly across the State. Assault in the Second Degree is a Class B Violent Felony in Washington State. It is a level IV offense [1 to 16 with 16 being the most serious]. It is a 'strike' offense for...
3 people marked this answer as helpful
2
Attorney answers:
Punishments under WA state criminal laws for forged signature on check
In Washington, a person's sentencing range depends on the seriousness of the crime and his/criminal history. For someone with no other felony convictions, the standard range for Forgery or Theft in the Second Degree (Over $250 and under $1500) is 0 - 60 days in jail. At the other end of the spectrum, someone with nine felony convictions is looking at 22-29 months in prison. Your friend should seek the advice of an experienced criminal defense attorney who can explain his options in...
3 people marked this answer as helpful