I need information on the gun enhancement law in washington

Asked over 3 years ago - Kent, WA

Where can I get information on the gun enhancement law in Washington? Can a plea bargin be offered as manslaughter 2 with a gun enhancement? Those two charges together do not make sense to me? How do you get the lawyer to negotiate dropping the enhancement? Any advice will help! Thanks

Attorney answers (2)

  1. Robert Daniel Kelly

    Pro

    Contributor Level 20

    Answered . RCW 9.94A.533 (http://apps.leg.wa.gov/RCW/default.aspx?cite=9....) is referenced in the following cases:
    State v. Recuenco
    154 Wn.2d 156
    State v. Jacobs
    154 Wn.2d 596
    State v. Gurske
    155 Wn.2d 134
    State v. Ose
    156 Wn.2d 140
    State v. Jacobs
    121 Wn. App. 669
    State v. Ball
    127 Wn. App. 956
    State v. Williams
    131 Wn. App. 488
    State v. Pharr
    131 Wn. App. 119
    Sept. 2006 State v. Nguyen
    134 Wn. App. 863
    July 2006 State v. Pierce
    134 Wn. App. 763
    Sept. 2006 State v. Kennar
    135 Wn. App. 68
    Aug. 2006 State v. Esparza
    135 Wn. App. 54
    IN RE POSTSENTENCING REVIEW OF GUTIERREZ
    146 Wn. App. 151
    STATE V. WILLIAMS
    147 Wn. App. 479
    STATE V. SANCHEZ VALENCIA
    148 Wn. App. 302
    STATE V. BAINARD
    148 Wn. App. 93
    STATE V. PEDRO
    148 Wn. App. 932
    Jan. 2007 State v. Eckenrode
    159 Wn. 2d. 488
    Jan. 2007 State v. O'Neal
    159 Wn. 2d. 500
    Dec. 2006 State v. Easterlin
    159 Wn. 2d. 203

    You can read the cases at: http://www.mrsc.org/wa/courts/index_dtSearch.html

    Prosecutors have great discretion regarding plea bargaining agreements, but the agreements are not binding on the judges.

    Manslaughter in the second degree is defined as causing death by criminal negligence. It is not incompatible with a firearm enhancement. STATE v. THEILKEN, 102 Wn.2d 271, 684 P.2d 709 (1984).

    [In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]

  2. James Edmund Oliver JR

    Pro

    Contributor Level 13

    Answered . I concur with Mr. Kelly's answer. The only thing I would add is that every defense attorney worth his salt will at least attempt to negotiate dropping the firearm enhancement. Your attorney's success in this endeavor depends on the strength of the prosecutor's case, your criminal history, the victim's family's desires, and your demeanor with the police. There are probably some additional factors, but those are the ones which leap to mind.

    At the end of the day, whether the enhancement goes away is up to either the prosecutor, or the judge.

    A manslaughter charge can be enhanced by a firearm. There are a lot of ways to kill a person. The legislature has created a law that killing someone with a firearm is worse than some other ways of killing.

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