Homicide
Murder in the First Degree – RCW 9A.56.200
- 1. A person is guilty of murder in the first degree when:
- a. With a premeditated intent to cause the death of another person, he or she causes the death of such person or of a third person; or
- b. Under circumstances manifesting an extreme indifference to human life, he or she engages in conduct which creates a grave risk of death to any person, and thereby causes the death of a person; or
- c. He or she commits or attempts to commit the crime of either (1) robbery in the first or second degree, (2) rape in the first or second degree, (3) burglary in the first degree, (4) arson in the first or second degree, or (5) kidnapping in the first or second degree, and in the course of or in furtherance of such crime or in immediate flight therefrom, he or she, or another participant, causes the death of a person other than one of the participants:
Except that in any prosecution under this subdivision (1)(c) in which the defendant was not the only participant in the underlying crime, if established by the defendant by a preponderance of the evidence, it is a defense that the defendant:- i. Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and
- ii. Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or serious physical injury; and
- iii. Had no reasonable grounds to believe that any other participant was armed with such a weapon, instrument, article, or substance; and
- iv. Had no reasonable grounds to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.
- 2. Murder in the first degree is a class A felony.
PREMEDITATED means thought over beforehand. When a person, after any deliberation, forms an intent to take human life, the killing may follow immediately after the formation of the settled purpose and it will still be premeditated. Premeditation must involve more than a moment in point of time. The law requires some time, however long or short, in which a design to kill is deliberately formed.
A person acts with INTENT or intentionally when acting with the objective or purpose to accomplish a result that constitutes a crime.
The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.
The crime of Murder in the First Degree has a MANDATORY MINIMUM SENTENCE of 240 months. The court does not have the discretion to impose a sentence below 240 months.
- An offender score of zero establishes a range of 240 to 320 months in prison.
- An offender score of nine establishes a range of 411 to 548 months in prison.
A firearm enhancement would add 60 months on to the end of a standard range sentence.
A deadly weapon enhancement would add 24 months on to the end of a standard range sentence.
Murder in the Second Degree
- 1. A person is guilty of murder in the second degree when:
- a. With intent to cause the death of another person but without premeditation, he or she causes the death of such person or of a third person; or
- b. He or she commits or attempts to commit any felony, including assault, other than those enumerated in RCW 9A.32.030(1)(c), and, in the course of and in furtherance of such crime or in immediate flight therefrom, he or she, or another participant, causes the death of a person other than one of the participants; except that in any prosecution under this subdivision (1)(b) in which the defendant was not the only participant in the underlying crime, if established by the defendant by a preponderance of the evidence, it is a defense that the defendant:
- i. Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and
- ii. Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or serious physical injury; and
- iii. Had no reasonable grounds to believe that any other participant was armed with such a weapon, instrument, article, or substance; and
- iv. Had no reasonable grounds to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.
- 2. Murder in the second degree is a class A felony
PREMEDITATED means thought over beforehand. When a person, after any deliberation, forms an intent to take human life, the killing may follow immediately after the formation of the settled purpose and it will still be premeditated. Premeditation must involve more than a moment in point of time. The law requires some time, however long or short, in which a design to kill is deliberately formed.
A person acts with INTENT or intentionally when acting with the objective or purpose to accomplish a result that constitutes a crime.
The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.
For a conviction of Murder in the Second Degree:
- 1. An offender score of zero establishes a range of 123 to 220 months in prison.
- 2. An offender score of nine establishes a range of 298 to 397 months in prison.
A firearm enhancement would add 60 months on to the end of a standard range sentence.
A deadly weapon enhancement would add 24 months on to the end of a standard range sentence.
Manslaughter in the First Degree
- 1. A person is guilty of manslaughter in the first degree when:
- a. He recklessly causes the death of another person; or
- b. He intentionally and unlawfully kills an unborn quick child by inflicting any injury upon the mother of such child.
- 2. Manslaughter in the first degree is a class A felony.
A person is RECKLESS or acts recklessly when he or she knows of and disregards a substantial risk that a wrongful act may occur and this disregard is a gross deviation from conduct that a reasonable person would exercise in the same situation.
When recklessness as to a particular result or fact is required to establish an element of a crime, the element is also established if a person acts intentionally or knowingly as to that result or fact.
The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.
For a conviction of Manslaughter in the First Degree:
- 1. An offender score of zero establishes a range of 78 to 102 months in prison.
- 2. An offender score of nine establishes a range of 210 to 280 months in prison.
A firearm enhancement would add 60 months on to the end of a standard range sentence.
A deadly weapon enhancement would add 24 months on to the end of a standard range sentence.
Manslaughter in the Second Degree
- 1. A person is guilty of manslaughter in the second degree when, with criminal negligence, he causes the death of another person.
- 2. Manslaughter in the second degree is a class B felony.
A person is CRIMINALLY NEGLIGENT or acts with criminal negligence when he or she fails to be aware of a substantial risk that a wrongful act may occur and this failure constitutes a gross deviation from the standard of care that a reasonable person would exercise in the same situation.
When criminal negligence as to a particular result or fact is required to establish an element of a crime, the element is also established if a person acts intentionally or knowingly or recklessly as to that result or fact.
The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.
For a conviction of Manslaughter in the Second Degree:
- An offender score of zero establishes a range of 21 to 27 months in prison.
- An offender score of nine establishes a range of 108 to 120 months in prison.
A firearm enhancement would add 36 months on to the end of a standard range sentence.
A deadly weapon enhancement would add 12 months on to the end of a standard range sentence.
Vehicular Homicide
- 1. When the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle:
- a. While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502; or
- b. In a reckless manner; or
- c. With disregard for the safety of others.
- 2. Vehicular homicide is a class A felony punishable under chapter 9A.20 RCW, except that, for a conviction under subsection (1)(a) of this section, an additional two years shall be added to the sentence for each prior offense as defined in RCW 46.61.5055.
To operate a motor vehicle in a reckless manner means to drive in a rash or heedless manner, indifferent to the consequences.
Disregard for the safety of others means an aggravated kind of negligence or carelessness, falling short of recklessness but constituting a more serious dereliction than ordinary negligence. Ordinary negligence is the failure to exercise ordinary care. Ordinary negligence is the doing of some act which a reasonably careful person would not do under the same or similar circumstances or the failure to do something which a reasonably careful person would have done under the same or similar circumstances. Ordinary negligence in operating a motor vehicle does not render a person guilty of vehicular homicide.
The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.
For a conviction of Vehicular Homicide – DUI prong:
- An offender score of zero establishes a range of 31 to 41 months in prison.
- An offender score of nine establishes a range of 129 to 171 months in prison.
For a conviction of Vehicular Homicide – Reckless Disregard prong:
- An offender score of zero establishes a range of 15 to 20 months in prison.
- An offender score of nine establishes a range of 87 to 116 months in prison.
Controlled Substance Homicide
- 1. A person who unlawfully delivers a controlled substance in violation of RCW 69.50.401(2) (a), (b), or (c) which controlled substance is subsequently used by the person to whom it was delivered, resulting in the death of the user, is guilty of controlled substances homicide.
- 2. Controlled substances homicide is a class B felony punishable according to chapter 9A.20 RCW.
The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.
For a conviction of Controlled Substance Homicide:
- An offender score of zero to two establishes a range of 51 to 68 months in prison.
- An offender score of six to nine establishes a range of 100+ to 120 months in prison.
Tim@LearyDefense.com
206-382-2401
1111 Third Avenue, Suite 2230
Seattle, WA 98101
