Legal Question in Criminal Law in Washington

Felony Points & Sentencing

My fiance is in custody awaiting court for 2 counts 3rd degree assault, & 1 count PCS cocaine. Prosecutor is offering plea of 22 months. 22 months is the maximum sentence for the most serious of his charges, taking into account 6 felony points. He only has 3 points now from his juvenile record, & would only have 6 AFTER being convicted of these 3 current offenses; so my question is- can the prosecutor offer the plea based on the maximum sentence for someone with 6 felony points, even though he won't have all those 6 points until after signing the plea? This has been in court for a long time, cannot be prolonged any longer, and he has a public defender that doesn't know how to do anything, so any answer will suffice!


Asked on 4/20/05, 3:24 am

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Felony Points & Sentencing

Yes, the sentence can also be based on current charges. And unfortunately, a plea bargain where the accused pleads as charged is not that uncommon because the prosecutor usually has a number of additional charges or enhancements he/she can add if the accused does not plea bargain.

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Answered on 4/20/05, 10:39 am


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