Recovery, Not Prison, Should Be Part Of Your Future
Sentencing for in VUCSA cases varies from cases to case. The sentence is based on a combination of factors: 1) the seriousness of the crime you were convicted of, 2) aggravating factors, and 3) mitigating factors and sentencing alternatives.
Seriousness of the Crime
The seriousness of the crime is based on whether you were convicted of a misdemeanor, felony, and the grade of felony. The following sentences are based the maximums possible sentence for a each offense level.
Misdemeanors are punishable by up to 90 days in jail, a $1,000 fine, or both. Gross misdemeanors are punishable by up to one year in jail, a $5,000 fine, or both.
The maximum penalties for felonies are:
• Class C Felony: 5 years in Jail and a $10,000.00 Fine.
• Class B Felony: 10 years in Jail and a $20,000.00 Fine.
• Class A Felony: Life in prison and a $50,000.00 Fine.
Most people do not get the maximum penalty. Washington State uses sentencing guidelines that look at a person’s criminal record, personal history, and other factors in the case to determine a sentence. Your criminal defense lawyer will work to reduce your recommended sentence by eliminating aggravating factors and making sure that mitigating factors are taken into account.
Aggravating Factors
The recommended sentence can be increased based upon the presence of aggravating factors in a VUCSA case.
Presence of a Child – the presence of a child is a grounds for increasing the penalties for a drug conviction. Presence of a child is not necessarily clear cut. This aggravating factor can be added in just because a child was upstairs sleeping, and you never knew it was there. It is important for your criminal defense attorney to thoroughly evaluate the circumstances that lead to this factor being included and whether this factor should be eliminated.
Protected Zone – if the crime was committed within a certain distance of a protected area, for instance in a drug free school zone, the sentence may be increased. This is often made based on an officer’s initial observations of the scene and guesswork. Your criminal defense attorney must determine where your arrest occurred and whether the proper measurements were used. If the report is not accurate enough to take a measurement or if the prosecution used the wrong measurement method, then this factor can be eliminated.
Use of Weapons – the possession of use of a firearm or deadly weapon will dramatically increase the sentence for a VUCSA offense. This is one of the most significant aggravating factors. It is important to for criminal defense lawyer to determine if the weapon was actually used or possessed during the drug crime. For instance, if the weapon was found during a search but not necessarily used for the offense, your lawyer can either argue that this aggravating factor be eliminated or seek to have its impact reduced.
Correctional Facilities – if a VUCSA crime was committed in a county jail or state prison, then the recommended sentence can be increased. Because control of your possessions and personal space is virtually impossible in prison and because of jail house informants, your criminal defense lawyer must carefully examine all of the facts surrounding the discovery and seizure of the drugs.
Mitigating Factors and Sentencing Alternatives
Mitigating factors are used to convince the judge to reduce the recommended sentence or to sentence below the recommended sentencing range. The largest single mitigating factor is drug addiction. Prosecutors and the courts are aware that many people convicted of VUCSA crimes are seriously addicted to drugs. This recognition is the reason that Washington State has created sentencing alternatives that reduce the penalties for a drug crime, based on a person’s addiction problem.
Drug Court
Drug court is a pre-conviction diversion program that allows someone to avoid conviction and jail time, if they meet certain requirements. In order to participate you must qualify for drug court. Your criminal defense attorney can help you qualify for drug court by working with the prosecutor and the judge to have you admitted to drug court; or if certain charges prevent you from entering drug court, seeking to have those charges dropped.
Once you have entered the diversion program, you must continue to meet certain guidelines. These include completing all drug treatment and education requirements, not being charged with additional crimes, random urinalysis, status checks with the court, and any other requirements that the court imposes such as work, GED, and living arrangements.
After you complete the program, the charges against you will be dropped. This is the best outcome for people arrested for drug crimes that want to avoid jail and break the cycle of addiction.
DOSA
If you do not qualify for drug court, you may still qualify for DOSA. DOSA stands for Drug Offender Sentencing Alternative. DOSA allows you to decrease your jail time by as much as 50%. Once you complete the first half of your sentence in a correctional facility, you are then eligible to be released under the DOSA program. DOSA requires you to undergo drug treatment and to spend the rest of your sentence doing community supervision. This is another alternative that reduces the time that someone is incarcerated for a drug crime and allows them to seek drug treatment. Your criminal defense attorney can work with the prosecution and the court to minimize the time spent incarcerated and to help you get the treatment that you need to move forward with your life.
