People charged with weapons crimes in Washington may face significant penalties. In some instances, it is within the discretion of the sentencing court to determine whether the circumstances warrant a lesser sentence than called for by the guidelines. Extraordinary sentences will only be granted in certain circumstances, though, as demonstrated in a recent Washington ruling. If you are accused of committing a crime involving a firearm, it is advisable to meet with a knowledgeable Washington weapons charge defense attorney to discuss your options.
The Defendant’s Conviction and Sentence
It is reported that the defendant was charged with unlawful possession of a firearm and robbery with a firearm enhancement. He pleaded guilty to both charges. He was nineteen years old at the time he committed the offenses. Thus, during the sentencing hearing, he requested that he receive an exceptional sentence due to his youth. For the base sentence, the trial court imposed a sentence of fifty-four months imprisonment, which was below the standard range. For the firearm enhancement, though, the court found that it did not have the discretion to reduce the standard sentence or to allow it to run at the same time as the base sentence and sentenced the defendant to sixty additional months in prison. The defendant then appealed.
Discretion in Sentencing for Convictions of Firearm Charges
On appeal, the court affirmed the trial court ruling. The court was not persuaded by the defendant’s argument that the trial court failed to acknowledge its discretion to reduce the length of the firearm enhancement or to permit it to run at the same time as the base sentence, as an exceptional sentence based on the defendant’s youth. Instead, the court noted that it recently ruled on the precise issue at hand, nothing that trial courts do not have the authority to impose an exceptional downward sentence for a firearm enhancement, in cases in which the defendant was not a juvenile at the time the crime was committed.