Legal Question in Criminal Law in Washington

Re: felon in possesion of a firearm

The answers to your questions depend on factors you have not disclosed. If the felon was recently released from prison and is under supervision, possession of a firearm is both a crime and violation of supervision; the latter would likely lead to incarceration without bail pending a dipsositon hearing.

If convicted of the crime of Unlawful Possession of Firearm, the penalty is determined by the seriousness of the offense (1st or 2nd degree) and offender score. A conviction for a 1st degree offense with an offender score of 1-2 results in a penalty of about 2-3 years. For 2nd degree, a person would have to have an offender score of 4 before the penalty exceeds a year.

If the offender has been out of custody for at least 5 years and has not committed ANY criminal offense during that time, and otherwise meets the eligibility requirements for restoring firearm rights, it may be possible to negotiate an agreement wherein the charge of unlawful possession is dropped, firearm rights are restored, and then the matter is closed or the offender pleads guilty to a misdemeanor.

LawGuru is a good place to start an inquiry, but is never a substitute for legal counsel. Retain an attorney or apply for appointed counsel to ensure that your rights are protected and all of your options are considered.