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I need information on the gun enhancement law in washington

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

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Attorney answers 2

Posted

RCW 9.94A.533 (http://apps.leg.wa.gov/RCW/default.aspx?cite=9.94A.533) 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.]

Posted

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.