Brain Injury Newsroom

These Are Commonly Called "Unranked" Felonies. For An Offender Convicted Of An Unranked Felony, No Standard Sentence Range Applies




The first step in determining what sentence to apply in a particular case involves identifying the seriousness level of the offense for which the defendant was convicted. Crimes included within each seriousness level are listed in RCW 9.94A.320. The sentencing guidelines grid displays the seriousness levels for felony offenses on its vertical axis.

Some felonies rarely charged or recently created by the Legislature are not included in the table listing crimes by seriousness level or in the felony sentencing grid. These are commonly called "unranked" felonies. For an offender convicted of an unranked felony, no standard sentence range applies. Instead, the sentencing judge may impose a determinate sentence that may include not more than one year of confinement, community service, legal financial obligations, a fine and/or community supervision not to exceed one year. Sentences involving confinement for more than one year are considered exceptional sentences and must be justified in writing by the court.

Offender Score

"Scoring" an offender’s criminal history is the most complex element in determining the appropriate sentence to impose. The horizontal axis of the felony sentencing grid displays the number of "points" to be assigned in a particular case, depending on the offender’s previous criminal record.

The "scoring" of an offender is not merely as simple as counting the number of the offender’s previous felony convictions. Adult and juvenile offenses in an offender’s history are counted differently, for instance, and certain offenses are permitted to "wash out" of an offender’s record, as well.

The Legislature has amended the scoring rules many times, so that previous drug offenses and previous sex offenses often count for more than one point, depending on the current offense. Previous violent offenses are "double scored" and previous "serious violent" offenses are "triple scored." Offenses committed while being supervised in the community also augment an offender’s score. Multiple current convictions also affect the procedure for calculating an offender’s criminal history score. When "scoring" a particular case, it is essential to refer to the specific provisions that apply to the current offense of conviction and to previous offenses.

Standard Sentence Ranges and Enhancements

The standard sentence range for an offense can be determined by referring to the felony sentencing "grid" and finding the intersection of the row identifying the seriousness level of the current offense and the column identifying the appropriate number of points in the offender’s criminal history score. A judge may impose on the offender a determinate sentence that falls within the standard range, or may impose an exceptional sentence with a written explanation.

When substantial and compelling reasons exist, a court may impose a sentence that falls outside the presumptive sentence range. In such cases, the court is required to provide a written explanation for an exceptional sentence, including the aggravating or mitigating factors that justify the exceptional sentence. Sentences that depart from the standard sentence ranges may be appealed by either the prosecutor or the defendant.

For "anticipatory" offenses (including attempts or conspiracies to commit an offense), the standard sentence range amounts to only 75% of what the range would be for a completed offense. This sentence reduction does not apply to drug offenses.

The Legislature has added sentence "enhancements" for certain offenses, including longer sentences for offenses committed with a firearm or another deadly weapon, longer sentences for drug offenses committed in a "protected" zone (including schools, school buses, public parks and public housing projects) and for drug offenses committed while confined in a jail or prison. In addition, offenders convicted of vehicular homicide while-under-the-influence face longer sentences if they have previous DUI-related convictions in their records.