Washington Felony: Laws, Penalties, Sentencing, and Records

A felony in Washington is a serious crime that carries state prison time for more than one year. Felonies are considered the most severe category of crimes and carry long-term consequences, including incarceration, payment of fines, restrictions on civil rights, and criminal records.

What Is Considered a Felony in Washington?

Felonies in Washington are defined under Title 9A of the Washington Criminal Code. Examples of prevalent crimes considered in Washington as felonies include:

• Violent crimes include murder, manslaughter, rape, aggravated assault, robbery, and kidnapping.
• Drug crimes such as trafficking, manufacturing, and distribution of drugs.
• Property crimes, like cases of arson, burglary, auto theft, and grand theft.
• White-collar crimes involve fraud, embezzlement, securities violations, identity theft, and forgery.
• Weapons offenses caused by a felon in unlawful possession of a firearm or illegal sales of firearms.

What Is a Felony in Washington?

In Washington, a crime that results in incarceration for more than a year is called a felony. By contrast, misdemeanors are crimes that are punishable by shorter sentences in county jails. The consequences of a felony conviction may include difficulty in securing employment or housing, restrictions on owning firearms, and potential loss of professional licenses. Even after serving a sentence in prison, there could be other aftermaths that include the right to vote, fines, a criminal record, and more.

Felony Classes and Penalties in Washington

In Washington, the law categorizes felonies into three classes, namely Class A, Class B, and Class C.

Washington Felony Classes

• Class A Felony
  • Includes first-degree murder, rape, kidnapping, and arson.
  • Penalty: Sentenced to life imprisonment.
  • Fine: Steep amount up to $50,000.
• Class B Felony
  • Includes first-degree burglary, mid-level drug trafficking, and armed robbery.
  • Penalty: Up to 10 years in prison.
  • Fine: Up to $20,000.
• Class C Felony
  • Includes minor theft, forgery, certain kinds of fraud, and lower-level drug offenses.
  • Penalty: Maximum of 5 years in prison.
  • Fine: Up to $10,000.

Felony Sentencing Guidelines in Washington

Washington uses a structured system known as the Sentencing Reform Act. This system considers the severity of the crime and the offender’s criminal history. Although the sentences are set by statute and structured, the court may deviate from these guidelines under certain circumstances.

Key Sentencing Factors

An overview of key factors that affect sentencing in Washington includes:

• Mandatory Minimums: This implies that certain crimes carry minimum terms of confinement and have mandatory penalties.
• Aggravating Factors: Crimes against children or the elderly, gang involvement, or the use of deadly weapons, among other factors, may increase the sentence length.
• Mitigating Factors: First-time offenders, cooperation with law enforcement, or mental health considerations may lower the terms of a sentence.
• Three-Strikes Law: This law grants a judge the power to sentence an offender convicted of three separate felony crimes to life imprisonment with the possibility of parole.
• Probation (Community Custody): The court may allow some individuals convicted of nonviolent felonies to receive probation or parole if they are eligible or subject to community custody.

Felony Laws and Procedures in Major Washington Cities

The recent laws and procedures for felonies in Washington cities are available at the Superior Court Clerk’s office where the felony took place. Some major cities in Washington are listed below:

Seattle (King County)

Felonies in Seattle are prosecuted in the King County Superior Court. The court allows the public to join a criminal hearing or proceeding online and provides common court forms.

Spokane (Spokane County)

Felonies in Spokane are handled in the Spokane County Superior Court. The County Clerk’s Office allows the public to obtain copies of court documents by mail or in person.

Tacoma (Pierce County)

The Pierce County Superior Court has jurisdiction over felony cases in Tacoma and other cities in the county. The court assists with information about the E-filing of criminal cases and access to various courtrooms' hearings through Zoom.

How to Search for Felony Records in Washington

According to the Washington Public Records Act, most felony convictions are publicly accessible. However, the state allows the court to vacate a felony conviction (certain non-violent Class B or C) from an offender's criminal records. Individuals may complete the Motion and Declaration for Order Vacating Record of Felony Conviction Form and file it with the clerk of the Superior Court.

In cities and counties across Washington, anyone may access felony records through multiple sources, such as:

Online Portals

The Washington Judicial Branch provides a Case Search Portal that enables users to search for felony case records by the offender’s name or case number.

Superior Court Clerk’s Offices

Record seekers may obtain non-certified or certified copies of criminal records, including felony case files, from the Superior Court Clerk in the county where the prosecution occurred. Generally, a copy fee is charged for each document.

Washington State Patrol (WSP) – Criminal History Records

The Washington State Patrol (WSP) maintains official statewide criminal history records, including felony convictions. Individuals may request a criminal report from the WSP online, in person, or by mail.

Local Police Departments and Sheriff’s Offices

Individuals may visit local police departments and sheriff’s offices to access felony convictions available from arrest and incident records.

Why Understanding Felonies in Washington Matters

Felony convictions in Washington have serious consequences that extend far beyond fines and incarceration for convicts. They may lead to the restriction of civil liberties, reduction of employment opportunities, and difficulty in eligibility for a house. Therefore, individuals, employers, and organizations are required to fully understand Washington's felony laws, sentencing, and access to records.

Felonies in Washington are divided into three classes (A, B, and C), with penalties ranging from one year to life imprisonment.

Felony records are available at the office of the county Superior Court Clerks where the felony case was tried. Record seekers may also view the records online through the Odyssey Portal or the Washington State Patrol, ensuring transparency while offering limited opportunities to vacate eligible convictions.