FIREARM ENHANCEMENTS
FIREARM ENHANCEMENTS UNDERWASHINGTON 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 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 CONFINEMENT TIME DO YOU GET FOR AN ENHANCEMENT?
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.
DEFENSES TO FIREARM ENHANCEMENT CHARGES
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.