Washington law sets forth a “firearm enhancement” if you commit a particular felony while armed with a firearm. The enhancement essentially means you will face an enhanced prison term for your underlying offense because you were in possession of a gun. The enhancement can add on an additional prison term of up to 10 years in some cases. Please contact a skilled criminal defense attorney now if you are facing any type of criminal charge involving a gun or weapon.

What is a Firearm Enhancement Under Washington Law?

RCW 9.94A.533 is the Washington statute that sets forth the rules on Washington’s firearm enhancements. According to this law, you will face additional prison time if you commit a particular felony while armed with a firearm.

Firearm enhancements will apply to all felony crimes except the following:

  • Possession of a machine gun or bump-fire stock,
  • Possessing a stolen firearm,
  • Drive-by shooting,
  • Theft of a firearm,
  • Unlawful possession of a firearm in the first and second degree, and
  • Use of a machine gun or bump-fire stock in a felony.

Please note that the law defines a “firearm” as a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.

Also note that an enhancement works as prison time you must serve in addition to the standard time you must serve for your underlying felony.

How Much Extra Time Can You Get?

In general, the specific amount of additional prison time you may face under the firearm enhancement laws will vary depending on:

  • The severity of your underlying offense, or in other words, whether your underlying offense was charged as a Class A felony, Class B felony, or a Class C felony (Class A felonies are the most serious while Class C felonies are the least serious), and
  • If you committed a firearm offense in the past.

If your underlying offense is charged as a Class A felony, the enhancement could mean:

  • An additional prison term of 5 years for a first-time firearm offense, or
  • An additional prison term of 10 years if you have any prior firearm offenses on your record.

If your underlying offense is charged as a Class B felony, the enhancement could mean:

  • An additional prison term of 3 years for a first-time firearm offense, or
  • An additional prison term of 6 years if you have any prior firearm offenses on your record.

If your underlying offense is charged as a Class C felony, the enhancement could mean:

  • An additional prison term of 18 months for a first-time firearm offense, or
  • An additional prison term of 3 years if you have any prior firearm offenses on your record.

Can a Defendant Raise a Legal Defense?

Yes. You have the right to challenge a firearm enhancement with a legal defense. A common defense is for your criminal defense attorney to try and obtain a dismissal or acquittal of your underlying criminal charge. Since a weapons enhancement is not a crime in itself, you cannot receive any prison time if there is no underlying crime to support the enhancement.

Your attorney can also try to show that an enhancement should not apply because your underlying felony is not one that is eligible for an enhancement.

Contact Black & Askerov for Help

While a defendant can raise a legal defense to challenge a firearm enhancement, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on various firearm charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!

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