Punishment under WA state criminal code for robbery 1st degree and assault 2nd degree

Asked almost 6 years ago - Longview, WA

in a robbery1 and assult 2 charge, what happens normally in washington state, if it was because of a drug addiction, can suspect recieve help while incarcerated? No one was hurt,

Additional information

what are the ranges for 1st degree asault with a deadly weapon and a 2nd degree asault with a deadly weapon for a 1st time offender with no points on his record

Attorney answers (1)

  1. Timothy John Leary


    Contributor Level 10


    Lawyer agrees


    Answered . 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 law.

    If convicted of both offenses and has no other criminal history, the suspect's standard range would be 41 to 54 months. If the suspect's criminal history was maxed out, his/her range would be 129 to 171 months.

    If the State has filed deadly weapon enhancements, that would be additional time on top of the standard range.

    If the suspect has two prior qualifying strike convictions, he/she would be facing life in prison without the possibility of parole under the three strikes and you're out law.

    Because both are violent offenses, the suspect would not qualify for a DOSA (Drug Offender Sentencing Alternative). However, he/she could obtain treatment in prison if convicted.

    These are two very serious allegations. The suspect needs to speak with an attorney who has extensive felony experience. The outcome depends on facts and the abiliy of the attorney to vigourously represent the interests of the suspect.

    Tim Leary
    Sherman & Leary PLLC

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