Major Felonies Defense Lawyers in Tacoma, WA

Murder 1st Degree (RCW 9A.32.030)

Class A felony, Level XV

• Premeditated and intentional killing
• Killing under circumstances showing extreme indifference to human life
• Murder during commission of certain felonies (felony murder rule)

Sentence: 240 to 320 months (20 to almost 27 years) for a first offense; life without release for aggravated murder or a persistent offender

Murder 2nd Degree (RCW 9A.32.050)

Class A felony, Level XIV

• Intentional killing without premeditation
• A death caused while committing or fleeing another felony (second-degree felony murder)

Sentence: 10–18 years (first offense); up to life (prior record)

Three Strikes: Strike offense (third strike = life without parole)

Manslaughter 1st Degree (RCW 9A.32.060)

Class A felony, Level XI

• Recklessly causing the death of another person
• Intentionally and unlawfully killing an unborn quick child by injuring the mother

Sentence: 78 to 102 months (6.5 to 8.5 years) for a first offense; 210 to 280 months with an offender score of 9 or more

Manslaughter 2nd Degree (RCW 9A.32.070)

Class B felony, Level VIII

Causing a death through criminal negligence (less culpable than Manslaughter 1st)

Sentence: 21 to 27 months (first offense)

Vehicular Homicide (RCW 46.61.520)

Class A felony, Level XI or VII (depending on how the death was caused)

Causing death by driving while:

• Under the influence (DUI)
• Recklessly
• With disregard for safety of others

Sentence: 78 to 102 months for a first offense when the driver was impaired or reckless (Level XI); 15 to 20 months when the charge is disregard for the safety of others (Level VII). An impaired-driving conviction adds two years for each prior impaired-driving offense.

Defenses to Homicide Charges

• Self-defense — You reasonably believed deadly force necessary to prevent imminent death or great bodily harm
• Defense of others — Protecting third party from unlawful deadly force
• Accident — Death was unintentional and not result of recklessness or criminal negligence
• Lack of intent — No premeditation or intent to kill. Without premeditation, a premeditated-murder charge can fall to Murder 2; without intent, a killing may be manslaughter rather than murder
• Insanity — Mental disease or defect prevented you from knowing wrongfulness of act
• Insufficient evidence — State can't prove beyond reasonable doubt

Assault 1st Degree (RCW 9A.36.011)

Class A felony, Level XII — Three Strikes: Strike offense

With intent to inflict great bodily harm:

• Assault with a firearm, deadly weapon, or force likely to produce great bodily harm or death
• Assault that inflicts great bodily harm

Sentence: 93 to 123 months (about 7.75 to 10.25 years) for a first offense; 240 to 318 months with an offender score of 9 or more

Assault 2nd Degree (RCW 9A.36.021)

Class B felony, Level IV

• Intentional assault that recklessly inflicts substantial bodily harm
• Assault with a deadly weapon
• Assault with intent to commit a felony
• Assault by strangulation or suffocation

Sentence: 3–9 months (first offense); 5+ years (high offender score)

Assault of a Child 1st Degree (RCW 9A.36.120)

Class A felony, Level XII — Three Strikes: Strike offense

Assault of child under 13 causing great bodily harm with reckless disregard

Sentence: 93 to 123 months (about 7.75 to 10.25 years) for a first offense

Assault of a Child 2nd Degree (RCW 9A.36.130)

Class B felony, Level IX

An adult committing second-degree assault against a child under 13, or intentionally assaulting a child after a pattern of earlier assaults

Sentence: 31 to 41 months (first offense); up to the 10-year maximum with a high offender score

Defenses to Assault Charges

• Self-defense — You reasonably believed force necessary to defend against unlawful attack
• Defense of others — Protecting someone from assault
• Lack of intent — You didn't intend to cause harm (accident)
• No substantial/great bodily harm — Injuries don't meet statutory definition
• Consent — Limited defense (e.g., mutual combat, sports)
• False accusation — Alleged victim lying (revenge, custody dispute, family court leverage)
• Misidentification — You weren't the perpetrator

Robbery 1st Degree (RCW 9A.56.200)

Class A felony, Level IX — Three Strikes: Strike offense

Taking property by force or threat while:

• Armed with deadly weapon, OR
• Inflicting bodily injury, OR
• Displaying what appears to be firearm or deadly weapon

Sentence: 31 to 41 months (first offense); 129 to 171 months with an offender score of 9 or more

Robbery 2nd Degree (RCW 9A.56.210)

Class B felony, Level IV

Taking property by force or threat (unarmed)

Sentence: 3 to 9 months (first offense); 63 to 84 months with an offender score of 9 or more

Defenses to Robbery Charges

• Lack of force or threat — No violence or intimidation used (reduces to theft)
• False accusation — Alleged victim fabricating (insurance fraud, mistaken identity)
• Duress/coercion — You were forced to participate under threat
• Claim of right — Good faith belief property was yours (negates theft element)
• Misidentification — Eyewitness error (we challenge reliability of identification)

Kidnapping 1st Degree (RCW 9A.40.020)

Class A felony, Level X — Three Strikes: Strike offense

Intentionally abducting another person with intent to:

• Hold for ransom or reward, OR
• Use as shield or hostage, OR
• Facilitate commission of felony or flight, OR
• Inflict bodily injury or extreme mental distress, OR
• Interfere with governmental function

Sentence: 51 to 68 months (first offense); 149 to 198 months with an offender score of 9 or more

Kidnapping 2nd Degree (RCW 9A.40.030)

Class B felony (Class A with a finding of sexual motivation), Level V

Intentionally abducting another person

Sentence: 6 to 12 months (first offense); 72 to 96 months with an offender score of 9 or more

Unlawful Imprisonment (RCW 9A.40.040)

Class C felony, Level III

Restraining another person (not amounting to kidnapping)

Sentence: 1 to 3 months (first offense)

Defenses

• Consent — Alleged victim consented to confinement or movement
• Relative assuming custody — For Kidnapping 2nd, a relative who took the person only to assume custody, without using or threatening deadly force (the defense must prove this by a preponderance of the evidence)
• Lack of intent — No intent to restrain or abduct
• False accusation — Custody dispute, domestic conflict

Rape 1st Degree (RCW 9A.44.040)

Class A felony, Level XII — Three Strikes: Strike offense

Sexual intercourse by forcible compulsion with a deadly weapon, a kidnapping, serious physical injury, or a felonious entry into the building or vehicle; or after giving the victim a drug, without their knowledge or consent, that leaves them unable to consent

Sentence: Indeterminate: a minimum term of 93 to 123 months for a first offense and a maximum of life

Sex offender registration required; a law enforcement risk assessment sets the community notification level

Rape 2nd Degree (RCW 9A.44.050)

Class A felony, Level XI — Three Strikes: Strike offense

Sexual intercourse by forcible compulsion (no aggravating factors), or with a person incapable of consent because they are physically helpless or mentally incapacitated, plus certain caregiver, provider, and supervisory relationships

Sentence: Indeterminate: a minimum term of 78 to 102 months for a first offense and a maximum of life

Sex offender registration

Rape 3rd Degree (RCW 9A.44.060)

Class C felony, Level V

Sexual intercourse where the victim did not consent, or with a threat of substantial unlawful harm to the victim's property rights

Sentence: 6 to 12 months (first offense); up to the 5-year maximum (prior record)

Sex offender registration

Child Molestation 1st Degree (RCW 9A.44.083)

Class A felony, Level X — Three Strikes: Strike offense

Sexual contact with a child under 12 by a person at least 36 months older

Sentence: Indeterminate: a minimum term of 51 to 68 months for a first offense and a maximum of life; a minimum of at least 25 years if the offense is found to be predatory

Sex offender registration required

Child Molestation 2nd & 3rd Degree

2nd Degree (RCW 9A.44.086): Class B felony, Level VII — Sexual contact with child 12–13 (perpetrator 36+ months older). Sentence: 15 to 20 months (first offense).

3rd Degree (RCW 9A.44.089): Class C felony, Level V — Sexual contact with child 14–15 (perpetrator 48+ months older). Sentence: 6 to 12 months (first offense).

Sex offender registration required for all degrees

Communication with Minor for Immoral Purposes (RCW 9.68A.090)

Gross misdemeanor; Class C felony, Level III, if sent electronically or if the person has a prior felony sex offense conviction or a prior conviction for this offense

Communicating with a minor, or someone believed to be a minor, for immoral purposes of a sexual nature. Common in internet sting operations.

Sentence: 1 to 3 months (first offense, felony charge)

Sex offender registration

Child Pornography / Sexual Exploitation of Minor (RCW 9.68A.040, 9.68A.050, 9.68A.070)

Class B felony, Level IV to IX (depending on the offense)

Possession, distribution, or production of child sexual abuse images. Federal charges possible.

Sentence: 3 to 9 months (Level IV) up to 31 to 41 months (Level IX) for a first offense

Sex offender registration

Defenses to Sex Offense Charges

• False accusation — Alleged victim fabricating (custody dispute, revenge, coached by adult, seeking attention)
• Consent — Limited; only applies if victim of legal age and capacity to consent
• Lack of force — Sexual contact was consensual (for rape charges)
• Misidentification — You weren't perpetrator (DNA, alibi)
• Age mistake — Reasonable belief victim was of legal age (limited defense; requires evidence)
• No sexual contact — Touching not sexual in nature (accidental, medical, caregiving)
• Insufficient evidence — State's case based on uncorroborated testimony; no physical evidence

Note: Sex offense cases require specialized defense strategies — we retain forensic experts, challenge forensic interview techniques, and test every allegation against the evidence.

Burglary 1st Degree (RCW 9A.52.020)

Class A felony, Level VII — Three Strikes: Strike offense

Entering or remaining unlawfully in building with intent to commit crime, AND armed with deadly weapon OR assaulting any person

Sentence: 15 to 20 months (first offense); 87 to 116 months with an offender score of 9 or more

Burglary 2nd Degree (RCW 9A.52.030)

Class B felony, Level III

Entering or remaining unlawfully in a building other than a vehicle or dwelling, with intent to commit a crime. Entering a dwelling is the separate charge of residential burglary (below).

Sentence: 1 to 3 months (first offense); 51 to 68 months with an offender score of 9 or more

Residential Burglary (RCW 9A.52.025)

Class B felony, Level IV

Entering or remaining unlawfully in a dwelling (a home, apartment, or other place where people live) with intent to commit a crime. Ranked as more serious than Burglary 2nd for sentencing.

Sentence: 3–9 months (first offense); 5+ years (prior record)

Defenses

• Lack of intent — You didn't enter with intent to commit crime (trespass, not burglary)
• Permission — Owner or resident gave consent to enter
• Claim of right — You believed you had right to enter (landlord-tenant dispute, co-owner)
• No unlawful entry — Door was open; challenges "unlawful entry" element
• Mistaken identity — You weren't the burglar

Theft 1st Degree (RCW 9A.56.030)

Class B felony, Level II

Theft of property or services worth more than $5,000, or property of any value taken from the person of another. Theft of a firearm is a separate Class B felony (Level VI).

Sentence: 0 to 90 days (first offense); 43 to 57 months with an offender score of 9 or more

Theft 2nd Degree (RCW 9A.56.040)

Class C felony, Level I

Theft of property/services valued $750–$5,000

Sentence: 0–60 days (first offense); 1+ years (prior record)

Organized Retail Theft (RCW 9A.56.350)

Class B or C felony (depending on value and circumstances)

Theft from retail establishment with intent to resell. Conspiracy to commit retail theft. Enhanced penalties targeting organized theft rings.

Possession of Stolen Property 1st Degree (RCW 9A.56.150)

Class B felony, Level II

Possessing stolen property (other than a firearm or motor vehicle) worth more than $5,000

Sentence: 0 to 90 days (first offense)

Defenses

• Lack of intent to steal — No intent to permanently deprive owner (borrowed, intended to return)
• Claim of right — Good faith belief property was yours
• Consent — Owner gave permission
• Innocent possession — Didn't know property was stolen
• Valuation dispute — Property worth less than alleged (affects degree of charge)

Controlled Substance Delivery (RCW 69.50.401)

Class B or C felony (depending on the drug)

Manufacturing, delivering, or possessing with intent to deliver controlled substance. Drug felonies use their own sentencing grid, with three levels instead of sixteen.

Sentence examples (offender score 0 to 2):

• Heroin, fentanyl, cocaine, or methamphetamine delivery: drug Level II (12+ to 20 months)
• Cannabis delivery (over legal limits): drug Level I (0 to 6 months)

Possession with Intent to Deliver (PWID)

Possession plus evidence of distribution (scales, baggies, large quantity, cash, texts about sales). Same penalties as delivery.

Manufacturing

Methamphetamine manufacturing: drug Level III (51 to 68 months with an offender score of 0 to 2). Cannabis grow operations over legal limits: drug Level I.

Drug Trafficking (Large-Scale Distribution)

Federal charges possible (DEA involvement). Federal penalties depend on drug type and quantity. Larger quantities carry mandatory minimums of 5 or 10 years and can reach life, with longer terms after certain prior convictions or when death or serious injury results.

Enhanced Penalties

• Delivery to minor — Enhanced penalties if delivering to person under 18
• Delivery in protected zone — Up to double the penalty, plus 24 months added to the standard range, for delivery in a school, public park, designated public housing, or transit vehicle or shelter, or within 1,000 feet of a school or school bus stop
• Manufacturing with child present — Separate charge for endangering child; CPS involvement

Defenses

• Illegal search/seizure — Evidence obtained without warrant, probable cause, or consent (suppressed evidence cannot be used; without it, the state may be unable to prove the charge)
• Lack of intent to deliver — Drugs for personal use, not sale (reduce to possession)
• Constructive possession challenge — Drugs not on your person; found in shared space; state can't prove knowledge or control
• Chain of custody — Evidence mishandled, contaminated, or switched
• Entrapment — Undercover officer induced you to commit crime you weren't predisposed to commit
• Insufficient quantity — Amount too small to prove distribution (personal use amount)
• Lab analysis challenge — Challenge accuracy of drug testing; demand qualified chemist testify

Unlawful Possession of Firearm 1st Degree (RCW 9.41.040)

Class B felony, Level VII

Possessing firearm after prior serious offense conviction (violent felony, sex offense, robbery, burglary, etc.)

Sentence: 15 to 20 months (first offense); 87 to 116 months with an offender score of 9 or more

Unlawful Possession of Firearm 2nd Degree (RCW 9.41.040)

Class C felony, Level III

Possessing firearm after felony conviction (non-serious offense), domestic violence conviction, protection order, or certain misdemeanors

Sentence: 1 to 3 months (first offense)

Drive-By Shooting (RCW 9A.36.045)

Class B felony, Level VII

Recklessly firing a gun from a motor vehicle, or from the immediate area of a vehicle used to bring the shooter or the gun to the scene, in a way that creates a substantial risk of death or serious injury

Sentence: 15 to 20 months (first offense); 87 to 116 months with an offender score of 9 or more

Other Weapons Charges

• Possession of Stolen Firearm (RCW 9A.56.310) — Class B felony, Level V. Sentence: 6 to 12 months (first offense)
• Aiming Firearm at Person (RCW 9.41.230) — Gross misdemeanor; if someone is injured, the charge moves to the assault or homicide statutes
• Unlawful Discharge of Firearm — Varies by jurisdiction (city ordinances, county laws)

Defenses

• Right to possess — Conviction vacated, rights restored, or conviction doesn't prohibit possession
• Constructive possession — Gun not on you; found in shared space; didn't know about it
• Temporary possession for safety — Took gun to prevent crime or deliver to law enforcement (limited defense)
• Illegal search — Gun discovered during unlawful search (suppress evidence)

Theft by Deception / Fraud

Class B or C felony (depending on amount)

Obtaining property through false pretenses, deception, or fraud. Includes identity theft, credit card fraud, check fraud, wire fraud.

Forgery (RCW 9A.60.020)

Class C felony, Level I

Creating or possessing forged documents with intent to defraud.

Identity Theft (RCW 9.35.020)

1st Degree: Class B felony, Level IV — Using another person's identifying information to obtain more than $1,500 in credit, goods, or services, or targeting a senior or vulnerable person

2nd Degree: Class C felony, Level II — Same conduct, $1,500 or less

Other White Collar Offenses

• Computer Trespass (RCW 9A.90.040) — Class C felony. Unauthorized access to computer system with intent to commit crime.
• Securities Fraud — State and federal charges possible. Ponzi schemes, investment fraud, insider trading.
• Insurance Fraud — Submitting false insurance claims.

Defenses

• Lack of intent to defraud — Mistake, misunderstanding, no intent to deceive
• Authorization — You had permission to use information or access system
• Insufficient evidence — State can't prove you committed fraud
• Mistaken identity — Someone else used stolen information in your name

Vehicular Assault (RCW 46.61.522)

Class B felony, Level IV or III

Causing substantial bodily harm while driving under influence (DUI), driving recklessly, or driving with disregard for safety

Sentence: 3 to 9 months for impaired or reckless driving, 1 to 3 months for disregard for safety (first offense); 5+ years with a high offender score (impaired or reckless driving)

Hit and Run — Injury or Death (RCW 46.52.020)

Death: Class B felony, Level IX. Injury: Class C felony, Level IV.

Leaving scene of accident involving injury or death

Sentence: 31 to 41 months (death) or 3 to 9 months (injury) for a first offense

Attempting to Elude Pursuing Police (RCW 46.61.024)

Class C felony, Level I

Failing to stop for a police vehicle and driving recklessly while trying to elude it. If the jury finds the driving threatened someone other than the driver or the pursuing officer, 12 months and 1 day is added to the sentence.

Defenses

• Not driving — You weren't operating vehicle (passenger, parked)
• Not under influence — Challenge DUI (breath test, field sobriety)
• Accident not caused by your conduct — Other driver at fault; mechanical failure
• No knowledge of accident — Didn't know collision occurred (minor impact)
• Not a recognizable police signal — A reasonable person would not have believed the signal to stop came from a police officer (for example, a suspected fake police car), and the driving after it was reasonable

Witness Tampering / Intimidation (RCW 9A.72.110, 9A.72.120)

Intimidating a witness: Class B felony, Level VI. Tampering with a witness: Class C felony, Level III. Threatening, pressuring, or inducing a witness to change or withhold testimony.

Escape 1st or 2nd Degree (RCW 9A.76.110, 9A.76.120)

Class B or C felony — Escaping from custody (jail, prison, detention)

Bail Jumping — Felony (RCW 9A.76.170)

Class C felony, Level III, when the underlying charge is a Class B or C felony (higher for a Class A felony or Murder 1). Failing to appear for trial after release. For violent or sex offense charges, it also covers missing any required court date or report date for a sentence, when the warrant is not quashed within 30 days or a prior warrant was issued in the same case.

Hate Crime / Malicious Harassment (RCW 9A.36.080)

Class C felony, Level IV — Assault, property damage, or threat motivated by victim's race, religion, sexual orientation, etc.

Arson 1st or 2nd Degree (RCW 9A.48.020, 9A.48.030)

Arson 1st: Class A felony, Level VIII. Arson 2nd: Class B felony, Level IV. Intentionally setting fire to building, structure, or property.

Extortion 1st or 2nd Degree (RCW 9A.56.120, 9A.56.130)

Extortion 1st: Class B felony, Level V. Extortion 2nd: Class C felony, Level III. Obtaining property or compelling an act through threats.

Eligibility

• No prior felony conviction and no prior felony deferred prosecution
• The offense is not a violent offense or sex offense
• Not narcotic or methamphetamine delivery or manufacture, sale for profit of a Schedule I drug, or felony DUI or physical control

Benefit

• The court can set aside the standard range entirely
• Up to 90 days in county confinement instead of a prison sentence
• Up to 6 months of community custody (up to 1 year if treatment is ordered)

Process

Defendant requests FTOW at sentencing. The court decides whether to grant it. If granted, most of the sentence is served in the community under supervision.

If violated: Violating the conditions can lead to sanctions, including time in custody.

Eligibility

• Convicted of a felony that is not a violent offense or a registrable sex offense
• No firearm or deadly weapon enhancement
• No recent violent prior conviction, no registrable sex offense conviction, and not felony DUI or physical control
• For drug offenses, only a small quantity of drugs involved

Benefit

• Prison-based DOSA: half the midpoint of the standard range (at least 12 months) in prison, then community custody for half the midpoint, with treatment
• Residential DOSA: community custody instead of prison, including up to 6 months of residential treatment

Process

DOSA is raised at sentencing. The court can order a substance use disorder assessment. If approved, the sentence combines treatment and supervision with either a shortened prison term or residential treatment.

If violated: A willful violation can mean serving the rest of the original sentence (prison-based) or a prison term of half the midpoint of the standard range (residential).

Eligibility

• No prior sex offense conviction, and no violent offense in the last 5 years
• Offense is not Rape 1st or 2nd, or another serious violent offense
• No substantial bodily harm to the victim
• An established relationship with the victim apart from the crime
• A standard range that includes the possibility of less than 11 years of confinement
• An evaluation finding the defendant amenable to treatment
• The court gives great weight to the victim's opinion

Benefit

• The prison sentence is suspended
• Up to 12 months of confinement as a condition
• Community custody of at least 3 years, with sex offender treatment for up to 5 years

Conditions

Intensive sex offender treatment (polygraph, relapse prevention). No contact with victim or minors (often). Strict supervision.

If violated: The court can revoke the suspended sentence and order it served.

Drug Court

Pierce County Drug Court is a therapeutic court program for felony drug offenders that emphasizes treatment, supervision, and accountability. Successful completion can result in charges being dismissed. Drug court involves regular court appearances, drug testing, treatment compliance, and meeting with case managers.

Mental Health Court

For defendants with qualifying mental health conditions, Mental Health Court provides a structured program that addresses the underlying issues contributing to criminal behavior. Like drug court, successful completion can result in dismissal or reduced charges.

Bail Hearing

• We argue for release on personal recognizance or reasonable bail
• Challenge prosecution's request for high bail or no-bail hold
• Present ties to community, employment, family (low flight risk)

Preliminary Appearance / Arraignment

• Formally charged; advised of rights; enter plea (not guilty)
• Conditions of release set (pretrial supervision, GPS, no-contact orders)

Obtain Discovery

• Police reports and witness statements
• Forensic evidence (DNA, fingerprints, ballistics, lab reports)
• Surveillance video (store, traffic, body cam, dash cam)
• 911 calls, dispatch recordings
• Medical records (victim's injuries, your injuries)
• Search warrants and affidavits

Independent Investigation

• Interview witnesses (find exculpatory witnesses, challenge state's witnesses)
• Hire investigators (locate alibi witnesses, canvass scene, photograph)
• Scene reconstruction (for violent crimes, accidents)
• Obtain records (phone records, GPS data, social media, financial records)

Retain Experts

• Forensic experts (challenge DNA, fingerprints, blood spatter, ballistics)
• Medical experts (alternative explanations for injuries)
• Accident reconstructionists (vehicular crimes)
• Digital forensics (computer crimes, child pornography)
• Psychologists (diminished capacity, insanity defense)
• Toxicologists (DUI, drug crimes)

Motion to Suppress Evidence (CrR 3.6)

Illegal search/seizure, unlawful traffic stop, warrantless entry. If granted: The evidence cannot be used, and without it the state may be unable to prove the charge.

Motion to Suppress Statements (CrR 3.5)

Miranda violations, coerced confession, involuntary statements. If granted: The statement cannot be used to prove the state's case, which then has to be proven without it.

Knapstad Motion (CrR 8.3(c))

Challenge sufficiency of evidence before trial. Argue the state's evidence cannot establish a prima facie case.

Motion to Dismiss

Statute of limitations expired, speedy trial violation, double jeopardy, immunity.

Other Motions

• Bill of Particulars — Demand prosecution specify details of charges
• Motion in Limine — Exclude prejudicial evidence (prior bad acts, inflammatory evidence)
• Discovery Sanctions — If prosecution withholds evidence, move to dismiss, exclude, or instruct jury

Charge Reduction

• Felony to lesser felony (Murder 2 to Manslaughter 1)
• Felony to gross misdemeanor (Assault 2 to Assault 4)
• Strike offense to non-strike (avoid Three Strikes)

Sentencing Recommendation

• Low end of standard range
• Alternative sentencing (DOSA, FTOW, SSOSA)
• Exceptional sentence (downward departure)

When We Recommend Plea

Evidence overwhelming; trial likely results in conviction. Plea offer significantly better than trial outcome (e.g., avoid strike offense, reduce sentence by years). Client's decision after full consultation.

When We Reject Plea and Go to Trial

Strong defenses (self-defense, alibi, insufficient evidence). Evidence suppressible. State's case weak. Stakes too high (life sentence, sex offender registration, Three Strikes).

You decide — we advise, but the ultimate decision to accept plea or go to trial is yours.

Jury Selection (Voir Dire)

Question potential jurors, identify biases (pro-prosecution, anti-defendant, prejudice based on charge), exercise challenges, select favorable jury.

Prosecution's Case

State presents witnesses (police, victim, forensic experts, lay witnesses). We cross-examine aggressively:

• Expose inconsistencies
• Challenge credibility
• Highlight reasonable doubt
• Impeach with prior statements

Defense Case

Present defense witnesses (alibi, character, experts). Defendant testifies (optional — we advise based on case). Challenge state's evidence with our experts.

Verdict

Jury must reach unanimous verdict (all 12 jurors agree).

• Not guilty — You're acquitted; case dismissed; you go free
• Guilty — Convicted; sentencing hearing scheduled

If convicted: We file post-trial motions (motion for new trial, arrest of judgment) and prepare for sentencing advocacy.

Mitigation Evidence

• Employment history (stable job, provider for family)
• Family support (letters from family, spouse, children)
• Community ties (housing, roots in community)
• Education and skills
• Lack of prior record (or minimal record)
• Rehabilitation (completed treatment, therapy, sobriety)
• Remorse (accept responsibility, apologize to victim)
• Mental health or substance abuse issues (explain, not excuse)
• Character witnesses (employer, pastor, friends, family testify)

Alternative Sentencing Requests

DOSA, FTOW, SSOSA (if eligible). Work release, home detention, partial confinement (instead of prison). Exceptional sentence downward departure with expert testimony.

Grounds for Appeal

• Trial errors (improper evidence admitted, jury instructions wrong, prosecutorial misconduct)
• Insufficient evidence (no reasonable jury could convict on evidence presented)
• Ineffective assistance of counsel (prior attorney's performance deficient)
• Sentencing errors (incorrect offender score, illegal sentence)

Appellate Process

File Notice of Appeal (30 days from judgment). Appellate attorney files brief. State responds. Oral argument (sometimes). Court of Appeals issues opinion (affirm, reverse, remand).

We handle appeals to Washington Court of Appeals and Washington Supreme Court.