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 being the most serious.] If convicted, his standard range would be 93 to 123 months months in prison. His assault-4 conviction would not affect his offender score because it is a misdemeanor. If the State adds a deadly weapon enhancement, his range would be higher.

If he is not already represented, he needs to speak with an attorney who has extensive felony experience. Assault-1 is often a very difficult charge to prove. The State has to prove beyond a reasonable doubt that the defendant acted with "the intent to commit great bodily harm." RCW 9A.36.011.

"Great bodily harm" is defined as "bodily injury which creates a probability of death, or which causes significant serious permanent disfigurement, or which causes a significant permanent loss or impairment of the function of any bodily part or organ."

His attorney will need to explore all available factual and legal defenses [lack of intent to commit great bodily harm, self defense, mental defense, identification, general denial], and explore equitable factors weighing in his favor. The outcome depends on facts and the abiliy of the attorney to vigourously represent his interests. The stakes are very high.

I would be happy to discuss the matter further with him.


Tim Leary
Sherman & Leary PLLC
http://www.shermanleary.com
tim@shermanleary.com
206-382-2401