Experienced Criminal Defense Attorneys Will Handle Your Felony Case

Felonies are the most serious crimes in Washington state. Thus, they also come with the most serious penalties upon conviction. If you are facing a felony, it’s important to speak with an attorney.

A skilled defense attorney understands the dynamics of the Whatcom County Court system and has long-standing relationships at the courthouse. They know how to get the most fair outcomes for felony cases.

If you are facing felony charges, call us now. One of our knowledgeable Bellingham attorneys will review your case for free so you can understand your rights and legal options.

A felony is a classification of crime that represents the most serious offenses under both Washington state and federal law, typically punishable by severe penalties, including fines and imprisonment.

Washington State Felonies

Washington State categorizes felonies into three classes based on their severity, as outlined in the Revised Code of Washington (RCW) 9A.20.021:

• Class A Felonies: These are the most serious offenses, punishable by up to lifetime imprisonment or the death penalty and/or fines of up to $50,000. Examples include murder and rape.
• Class B Felonies: These crimes are punished with up to ten years in prison and/or a fine of up to $20,000. Manslaughter and certain drug offenses are some examples of Class B felonies.
• Class C Felonies: These crimes carry a penalty of up to five years in prison and/or a fine of up to $10,000. Theft of significant property and some lower-degree assault cases fall into this category.

Under federal law, felonies are crimes generally punishable by imprisonment for more than one year. Washington state does not classify federal felonies in the same way as state crimes. Instead, the maximum penalties define federal felonies. Examples of federal felonies include bank robbery, tax evasion, and offenses related to federal drug trafficking.

18 U.S.C. § 3559 categorizes felonies at the federal level into different classes A through E. Class A felonies are the most severe, often carrying the possibility of life imprisonment or the death penalty, and other classes have progressively lower maximum sentences.

Both Washington State and federal laws impose additional consequences for felony convictions, including losing your civil rights, such as voting and firearm possession, potential employment restrictions, and social stigma. Given the severity of these penalties and the lasting impact they can have on an individual's life, anyone facing felony charges must seek skilled legal representation.

In Washington State, being charged with a felony initiates a complex legal process that involves several critical stages, each governed by specific laws and procedures designed to ensure fairness in the administration of justice.

1. You Are Arrested And Charged: Law enforcement arrests you and takes you into custody based on probable cause that you committed a felony. At the Bellingham police station or Whatcom County jail, officers book you, record your personal information, take your fingerprints, and photograph you for your mugshot.
2. You Attend Your Arraignment: Shortly after booking, you appear in court for your arraignment, during which a judge formally presents the charges to you, and you enter a plea of guilty, not guilty, or no contest. According to RCW 10.01.040, this must occur promptly—generally within 48 hours if officers hold you in custody.
3. You Attend Your Bail Hearing: Either during your first appearance or shortly afterward, you attend a bail hearing. A judge decides whether to release you from custody pending trial and under what conditions, taking into account the nature of the crime, your criminal history, community ties, and any risk of flight, as established under RCW 10.19.010.
4. You Will Attend A Preliminary Hearing: For some felony charges, a preliminary hearing takes place. At this hearing, the prosecution must show enough evidence to justify continuing the case and maintaining any bail conditions. This step is critical as it requires the prosecution to prove probable cause that you committed the alleged crime.
5. You Will Attend Pre-Trial Motions And Go Through Discovery: In the weeks or months following the initial hearings, you engage in discovery with the prosecution, exchanging evidence for the trial. This phase also involves filing pre-trial motions, including those to suppress evidence or dismiss the charges, which can significantly affect the trial's outcome.
6. Your Case Goes To Trial: If a plea agreement or dismissal does not resolve your case during the pre-trial phase, it proceeds to trial. In Washington State, you have the right to a jury trial for felony charges, as mandated by RCW 10.01.055. The trial involves opening statements, witness testimonies, cross-examinations, and closing arguments. Following this, the jury deliberates and returns a verdict.
7. If Guilty, You Will Face Sentencing: If found guilty, you move to the sentencing phase. Sentencing for felonies in Washington State adheres to the guidelines established by the Washington State Sentencing Guidelines Commission, as referenced in RCW 9.94A.510. The Whatcom County judge determines your sentence based on the crime's severity, your criminal history, and other relevant factors.
8. If Sentenced, You May Appeal: After sentencing, you have the right to appeal the conviction or sentence. An appeal is not a new trial but a request for a higher court to review the lower court's proceedings for legal errors, governed by Title 10 of the Washington Court Rules – Appellate Procedure.

Given the complexities of Washington's felony law system and the potential for severe consequences, it is crucial to seek the best legal representation in Bellingham.

If it is your first time getting arrested, the process can be particularly daunting and stressful, but knowing what to expect can help you navigate it more effectively. Here are some key points and tips on how to handle the situation:

1. Stay Calm And Comply With Police Officers: During the arrest, it's crucial to stay calm and comply with law enforcement officers. Resisting arrest or becoming confrontational can lead to additional charges.
2. Exercise Your Rights: You have the right to remain silent and the right to an attorney. Before answering any questions, you can politely inform the officers you wish to remain silent and you'd like to speak with your attorney. Remaining silent can help prevent you from inadvertently providing information that could be used against you.
3. Get A Clear Explanation Of The Charges: Ask for a clear explanation of what you are being charged with. Understanding the charges can help you and your attorney prepare an appropriate defense.
4. Contact An Attorney As Soon As Possible: As soon as you can, contact a Bellingham criminal defense attorney, who will provide legal advice and advocate on your behalf. If you cannot afford one, you have the right to a court-appointed attorney.
5. Prepare For Court: Discuss with your attorney the next steps, which may include gathering evidence, witness statements, and building a defense strategy. If the case goes to trial, these preparations will be crucial.
6. Explore All Your Legal Alternatives: As a first-time offender, you might be eligible for diversion programs, which, upon successful completion, can result in the charges being dropped or reduced. These programs often involve counseling, education, community service, or other alternatives to traditional criminal penalties.

For first-time offenders, Whatcom County Courts may provide more leniency and opportunities for rehabilitation, especially if the offense is not severe. Taking these opportunities and adhering to the legal advice of a highly skilled attorney in Bellingham will help you get the best outcome for your case.

Contact our Bellingham Criminal Defense Attorney for a free consultation today. Facing felony charges in Washington or at the federal level is a serious matter, as these charges carry steep penalties and can profoundly impact your life. A felony conviction can limit job opportunities, affect housing options, and damage your reputation. But there's hope, and it starts with having the right defense.

Because we're based right here in Bellingham, we know the local prosecutors and judges and understand how they differentiate a simple mistake from habitual criminal behavior. Our team excels at demonstrating that your situation was a momentary lapse, not a pattern.

With an aim for the best possible outcome, like lighter sentencing or other favorable terms under the law, including those found in RCW 9.94A.510, we ensure that the courts and prosecution follow all procedures correctly. Whether challenging evidence, negotiating plea deals, or representing you at trial, we fight tirelessly on your behalf.

Don't let a mistake define your future. We're here to help guide you through this challenging time with understanding, professionalism, and dedication to achieving the most favorable outcome for you. Let us take the weight off your shoulders and help you through this scary time. Call us now for a free consultation.