If you are charged with a crime in Washington State, one of the most serious factors that can increase your sentence is the use of a deadly weapon. Washington law includes a “deadly weapon sentencing enhancement,” that can significantly increase the amount of time you spend behind bars, even beyond the standard sentencing range for the crime. Please contact a skilled criminal defense attorney now if you are facing any type of charge involving a deadly weapon or a gun.

What is Washington’s Deadly Weapon Sentencing Enhancement?

RCW 9.94A.533 is the Washington statute that sets forth the deadly weapon sentencing enhancement. According to this law, if someone is found to have been armed with a deadly weapon while committing certain felonies, the court must impose additional prison time beyond your base sentence. This additional prison time is not optional. Rather, it is mandatory.

The idea behind the enhancement is that if a crime is more dangerous because it involved a weapon, the punishment should reflect that increased danger to victims, law enforcement, and the public.

What Counts as a “Deadly Weapon”?

A deadly weapon is not just a gun. A deadly weapon is technically defined as an implement or instrument which has the capacity to inflict death and from the manner in which it is used, is likely to produce or may easily cause death.

Given this broad definition, a number of objects can be labeled as deadly weapons, including such things as:

  • Firearms (loaded or unloaded),
  • Knives,
  • Clubs or bats,
  • Brass knuckles, and
  • Any object used or intended to be used to inflict harm.

Whether something qualifies as a “deadly weapon” can be a matter of how it was used or intended to be used during the crime.

How Much Time is Added?

The length of the sentencing enhancement depends on the weapon involved and the severity of the underlying offense. In general, though, the enhancement will result in an additional prison time of:

  • Two years if you used a deadly weapon in the commission of a Class A felony,
  • One year if you used a deadly weapon in the commission of a Class B felony, or
  • Six months if you used a deadly weapon in the commission of a Class C felony.

Note that these enhancements must run consecutively. This means means they are added on top of your base sentence and cannot be served at the same time.

Can a Defendant Challenge an Enhancement?

Yes. You have the right to challenge a deadly weapon sentencing enhancement. Some common challenges are for your criminal defense attorney to:

  • Argue that the object you used was not actually a deadly weapon,
  • Argue that you were not “armed” at the time of your offense, and
  • Raise doubts about the timing or location of your weapon.

If successful with any of the above, your criminal defense lawyer can help you avoid a harsher sentence.

Contact Black & Askerov for Help

While a defendant can challenge a sentencing enhancement, it will take a skilled criminal defense attorney to raise the best challenge. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on a wide variety of charges that include guns and deadly weapons. 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!