Major Felonies Defense Lawyers in Tacoma, WA

Murder 1st Degree (RCW 9A.32.030)

Class A felony, Level XV

• Premeditated and intentional killing
• Murder during commission of certain felonies (felony murder rule)

Sentence: Mandatory life without parole (LWOP) or 20 years to life

Murder 2nd Degree (RCW 9A.32.050)

Class A felony, Level XIV

• Intentional killing without premeditation
• Reckless killing showing extreme indifference to human life

Sentence: 10–18 years (first offense); up to life (prior record)

Three Strikes: Strike offense (third strike = life without parole)

Manslaughter 1st Degree (RCW 9A.32.060)

Class A felony, Level XI

• Reckless killing
• Intentional killing under influence of extreme emotional disturbance (heat of passion)

Sentence: 7.75–10.25 years (first offense); up to 20+ years (prior record)

Manslaughter 2nd Degree (RCW 9A.32.070)

Class B felony, Level VII

Reckless killing (less culpable than Manslaughter 1st)

Sentence: 2–5 years (first offense)

Vehicular Homicide (RCW 46.61.520)

Class A or B felony, Level IX–XII (depending on circumstances)

Causing death by driving while:

• Under the influence (DUI)
• Recklessly
• With disregard for safety of others

Sentence: 4–12 years (depending on seriousness level and offender score)

Defenses to Homicide Charges

• Self-defense — You reasonably believed deadly force necessary to prevent imminent death or great bodily harm
• Defense of others — Protecting third party from unlawful deadly force
• Accident — Death was unintentional and not result of recklessness or criminal negligence
• Lack of intent — No premeditation or intent to kill (for murder charges)
• Heat of passion — Reduce Murder 2 to Manslaughter 1; acted under extreme emotional disturbance
• Insanity — Mental disease or defect prevented you from knowing wrongfulness of act
• Insufficient evidence — State can't prove beyond reasonable doubt

Assault 1st Degree (RCW 9A.36.011)

Class A felony, Level XII — Three Strikes: Strike offense

• Assault with intent to inflict great bodily harm
• Assault with deadly weapon or force likely to produce great bodily harm
• Assault causing great bodily harm with reckless disregard

Sentence: 9.5–12.5 years (first offense); 18+ years (prior record)

Assault 2nd Degree (RCW 9A.36.021)

Class B felony, Level VI

• Intentional assault causing substantial bodily harm
• Assault with deadly weapon (intent to harm)
• Assault of certain victims (police, nurses, transit operators, judges)
• Strangulation (domestic violence)

Sentence: 3–9 months (first offense); 5+ years (high offender score)

Assault of a Child 1st Degree (RCW 9A.36.120)

Class A felony, Level XIII — Three Strikes: Strike offense

Assault of child under 13 causing great bodily harm with reckless disregard

Sentence: 12.5–16.5 years (first offense)

Assault of a Child 2nd Degree (RCW 9A.36.130)

Class B felony, Level VIII

Recklessly assaulting child under 13 causing substantial bodily harm

Sentence: 3–8 months (first offense); 5+ years (high offender score)

Defenses to Assault Charges

• Self-defense — You reasonably believed force necessary to defend against unlawful attack
• Defense of others — Protecting someone from assault
• Lack of intent — You didn't intend to cause harm (accident)
• No substantial/great bodily harm — Injuries don't meet statutory definition
• Consent — Limited defense (e.g., mutual combat, sports)
• False accusation — Alleged victim lying (revenge, custody dispute, family court leverage)
• Misidentification — You weren't the perpetrator

Robbery 1st Degree (RCW 9A.56.200)

Class A felony, Level XIV — Three Strikes: Strike offense

Taking property by force or threat while:

• Armed with deadly weapon, OR
• Inflicting bodily injury, OR
• Displaying what appears to be firearm or deadly weapon

Sentence: 12.5–16.5 years (first offense); 20+ years (prior record)

Robbery 2nd Degree (RCW 9A.56.210)

Class B felony, Level IX

Taking property by force or threat (unarmed)

Sentence: 6–8.5 months (first offense); 10+ years (high offender score)

Defenses to Robbery Charges

• Lack of force or threat — No violence or intimidation used (reduces to theft)
• False accusation — Alleged victim fabricating (insurance fraud, mistaken identity)
• Duress/coercion — You were forced to participate under threat
• Claim of right — Good faith belief property was yours (negates theft element)
• Misidentification — Eyewitness error (we challenge reliability of identification)

Kidnapping 1st Degree (RCW 9A.40.020)

Class A felony, Level XIV — Three Strikes: Strike offense

Intentionally abducting another person with intent to:

• Hold for ransom or reward, OR
• Use as shield or hostage, OR
• Facilitate commission of felony or flight, OR
• Inflict bodily injury or terrorize, OR
• Interfere with governmental function

Sentence: 12.5–16.5 years (first offense); 20+ years (prior record)

Kidnapping 2nd Degree (RCW 9A.40.030)

Class B felony, Level IX

Intentionally abducting another person

Sentence: 6–8.5 months (first offense); 10+ years (prior record)

Unlawful Imprisonment (RCW 9A.40.040)

Class C felony, Level V

Restraining another person (not amounting to kidnapping)

Sentence: 6–12 months (first offense)

Defenses

• Consent — Alleged victim consented to confinement or movement
• Parental authority — Parent exercising lawful custody of child (not kidnapping if own child, unless violating custody order)
• Lack of intent — No intent to restrain or abduct
• False accusation — Custody dispute, domestic conflict

Rape 1st Degree (RCW 9A.44.040)

Class A felony, Level XIV — Three Strikes: Strike offense

Sexual intercourse by forcible compulsion with infliction of serious physical injury, deadly weapon, kidnapping, or victim severely disabled/intoxicated

Sentence: 12.5–16.5 years (first offense); 20+ years (prior record)

Mandatory sex offender registration (Level III — most serious)

Rape 2nd Degree (RCW 9A.44.050)

Class A felony, Level XIII

Sexual intercourse by forcible compulsion (no aggravating factors), victim incapable of consent, victim under 14 (perpetrator 36+ months older), or victim 14–15 (perpetrator 48+ months older)

Sentence: 10–13.5 years (first offense)

Sex offender registration

Rape 3rd Degree (RCW 9A.44.060)

Class C felony, Level VIII

Sexual intercourse where victim didn't consent (threat of substantial harm), victim 16–17 (perpetrator 60+ months older), or victim incapable of consent due to mental defect

Sentence: 3–8 months (first offense); 5+ years (prior record)

Sex offender registration

Child Molestation 1st Degree (RCW 9A.44.083)

Class A felony, Level XIV — Three Strikes: Strike offense

Sexual contact with child under 12

Sentence: 12.5–16.5 years (first offense); mandatory minimum 25 years (two prior sex offense convictions)

Sex offender registration (Level III)

Child Molestation 2nd & 3rd Degree

2nd Degree (RCW 9A.44.086): Class B felony, Level XII — Sexual contact with child 12–13 (perpetrator 36+ months older). Sentence: 9.5–12.5 months (first offense).

3rd Degree (RCW 9A.44.089): Class C felony, Level VII — Sexual contact with child 14–15 (perpetrator 48+ months older). Sentence: 2–5 months (first offense).

Sex offender registration required for all degrees

Communication with Minor for Immoral Purposes (RCW 9.68A.090)

Class C felony, Level V

Communicating with minor under 16 for immoral purposes (sexual contact). Common in internet sting operations.

Sentence: 6–12 months (first offense)

Sex offender registration

Child Pornography / Sexual Exploitation of Minor (RCW 9.68A.040, 9.68A.050)

Class B or C felony, Level VII–X

Possession, distribution, or production of child sexual abuse images. Federal charges possible.

Sentence: 5+ months to 10+ years

Sex offender registration

Defenses to Sex Offense Charges

• False accusation — Alleged victim fabricating (custody dispute, revenge, coached by adult, seeking attention)
• Consent — Limited; only applies if victim of legal age and capacity to consent
• Lack of force — Sexual contact was consensual (for rape charges)
• Misidentification — You weren't perpetrator (DNA, alibi)
• Age mistake — Reasonable belief victim was of legal age (limited defense; requires evidence)
• No sexual contact — Touching not sexual in nature (accidental, medical, caregiving)
• Insufficient evidence — State's case based on uncorroborated testimony; no physical evidence

Note: Sex offense cases require specialized defense strategies — we retain forensic experts, challenge forensic interview techniques, expose false allegations, and present compelling defenses.

Burglary 1st Degree (RCW 9A.52.020)

Class A felony, Level IX

Entering or remaining unlawfully in building with intent to commit crime, AND armed with deadly weapon OR assaulting any person

Sentence: 3–12 months (first offense); 10+ years (high offender score)

Burglary 2nd Degree (RCW 9A.52.030)

Class B or C felony, Level V–VI

Entering or remaining unlawfully in building (other than dwelling) with intent to commit crime. Residential burglary = Class B (Level VI). Non-residential = Class C (Level V).

Sentence: 6–9 months (residential, first offense); 1+ years (prior record)

Residential Burglary (RCW 9A.52.025)

Class B felony, Level VI

Entering or remaining unlawfully in dwelling with intent to commit crime. Enhanced penalties (dwelling = home, apartment, place where people live).

Sentence: 3–9 months (first offense); 5+ years (prior record)

Defenses

• Lack of intent — You didn't enter with intent to commit crime (trespass, not burglary)
• Permission — Owner or resident gave consent to enter
• Claim of right — You believed you had right to enter (landlord-tenant dispute, co-owner)
• No unlawful entry — Door was open; challenges "unlawful entry" element
• Mistaken identity — You weren't the burglar

Theft 1st Degree (RCW 9A.56.030)

Class B felony, Level III

Theft of property/services exceeding $5,000 or theft of firearm (any value)

Sentence: 1–3 months (first offense); 2+ years (prior record)

Theft 2nd Degree (RCW 9A.56.040)

Class C felony, Level II

Theft of property/services valued $750–$5,000

Sentence: 0–60 days (first offense); 1+ years (prior record)

Organized Retail Theft (RCW 9A.56.350)

Class B or C felony (depending on value and circumstances)

Theft from retail establishment with intent to resell. Conspiracy to commit retail theft. Enhanced penalties targeting organized theft rings.

Possession of Stolen Property 1st Degree (RCW 9A.56.150)

Class B felony, Level III

Possessing stolen property exceeding $5,000 or possessing stolen firearm

Sentence: 1–3 months (first offense)

Defenses

• Lack of intent to steal — No intent to permanently deprive owner (borrowed, intended to return)
• Claim of right — Good faith belief property was yours
• Consent — Owner gave permission
• Innocent possession — Didn't know property was stolen
• Valuation dispute — Property worth less than alleged (affects degree of charge)

Controlled Substance Delivery (RCW 69.50.401)

Class B or C felony, Level III–VIII (depending on drug and quantity)

Manufacturing, delivering, or possessing with intent to deliver controlled substance

Sentence examples:

• Heroin/Fentanyl/Meth delivery: Level V–VIII (2+ months to 5+ years)
• Cocaine delivery: Level III–V
• Marijuana delivery (over legal limit): Level III

Possession with Intent to Deliver (PWID)

Possession plus evidence of distribution (scales, baggies, large quantity, cash, texts about sales). Same penalties as delivery.

Manufacturing

Meth manufacturing: Level V–VIII (especially if children present — enhancement). Marijuana grow operations: Level III–V (if over legal limits).

Drug Trafficking (Large-Scale Distribution)

Federal charges possible (DEA involvement). Federal penalties: 5–40 years federal prison depending on drug type and quantity.

Enhanced Penalties

• Delivery to minor — Enhanced penalties if delivering to person under 18
• Delivery in protected zone — Enhanced penalties within 1,000 feet of school, park, transit center, public housing
• Manufacturing with child present — Separate charge for endangering child; CPS involvement

Defenses

• Illegal search/seizure — Evidence obtained without warrant, probable cause, or consent (suppress evidence — often leads to dismissal)
• Lack of intent to deliver — Drugs for personal use, not sale (reduce to possession)
• Constructive possession challenge — Drugs not on your person; found in shared space; state can't prove knowledge or control
• Chain of custody — Evidence mishandled, contaminated, or switched
• Entrapment — Undercover officer induced you to commit crime you weren't predisposed to commit
• Insufficient quantity — Amount too small to prove distribution (personal use amount)
• Lab analysis challenge — Challenge accuracy of drug testing; demand qualified chemist testify

Unlawful Possession of Firearm 1st Degree (RCW 9.41.040)

Class B felony, Level VI

Possessing firearm after prior serious offense conviction (violent felony, sex offense, robbery, burglary, etc.)

Sentence: 3–9 months (first offense); 5+ years (prior record)

Unlawful Possession of Firearm 2nd Degree (RCW 9.41.040)

Class C felony, Level IV

Possessing firearm after felony conviction (non-serious offense), domestic violence conviction, protection order, or certain misdemeanors

Sentence: 3–8 months (first offense)

Drive-By Shooting (RCW 9A.36.045)

Class B felony, Level IX

Discharging firearm from vehicle at person, vehicle, or building

Sentence: 6–8.5 months (first offense); 10+ years (prior record)

Other Weapons Charges

• Possession of Stolen Firearm (RCW 9A.56.310) — Class B felony, Level III. Sentence: 1–3 months (first offense)
• Aiming Firearm at Person (RCW 9.41.230) — Class C felony. Intentionally aiming firearm at another person
• Unlawful Discharge of Firearm — Varies by jurisdiction (city ordinances, county laws)

Defenses

• Right to possess — Conviction vacated, rights restored, or conviction doesn't prohibit possession
• Constructive possession — Gun not on you; found in shared space; didn't know about it
• Temporary possession for safety — Took gun to prevent crime or deliver to law enforcement (limited defense)
• Illegal search — Gun discovered during unlawful search (suppress evidence)

Theft by Deception / Fraud

Class B or C felony (depending on amount)

Obtaining property through false pretenses, deception, or fraud. Includes identity theft, credit card fraud, check fraud, wire fraud.

Forgery (RCW 9A.60.020)

Class C felony, Level II

Creating or possessing forged documents with intent to defraud.

Identity Theft (RCW 9.35.020)

1st Degree: Class B felony, Level III — Using another person's identifying information to obtain credit, goods, services (over $1,500)

2nd Degree: Class C felony, Level I — Same conduct, under $1,500

Other White Collar Offenses

• Computer Trespass (RCW 9A.90.040) — Class C felony. Unauthorized access to computer system with intent to commit crime.
• Securities Fraud — State and federal charges possible. Ponzi schemes, investment fraud, insider trading.
• Insurance Fraud — Submitting false insurance claims.

Defenses

• Lack of intent to defraud — Mistake, misunderstanding, no intent to deceive
• Authorization — You had permission to use information or access system
• Insufficient evidence — State can't prove you committed fraud
• Mistaken identity — Someone else used stolen information in your name

Vehicular Assault (RCW 46.61.522)

Class B felony, Level VII–IX

Causing substantial bodily harm while driving under influence (DUI), driving recklessly, or driving with disregard for safety

Sentence: 2–9 months (first offense); 5+ years (prior record)

Hit and Run — Injury or Death (RCW 46.52.020)

Class B or C felony, Level VII–IX

Leaving scene of accident involving injury or death

Sentence: 2–8 months (first offense); 5+ years (prior record)

Attempting to Elude Pursuing Police (RCW 46.61.024)

Class C felony, Level III (or higher if aggravating factors)

Fleeing or attempting to elude law enforcement vehicle. Enhanced penalties if high-speed pursuit, injury, or property damage.

Defenses

• Not driving — You weren't operating vehicle (passenger, parked)
• Not under influence — Challenge DUI (breath test, field sobriety)
• Accident not caused by your conduct — Other driver at fault; mechanical failure
• No knowledge of accident — Didn't know collision occurred (minor impact)
• Fear for safety — Fleeing because feared for safety (fake police car, dangerous situation)

Witness Tampering / Intimidation (RCW 9A.72.110, 9A.72.120)

Class B or C felony, Level V–VIII — Threatening, intimidating, or harming witness to prevent testimony

Escape 1st or 2nd Degree (RCW 9A.76.110, 9A.76.120)

Class B or C felony — Escaping from custody (jail, prison, detention)

Bail Jumping — Felony (RCW 9A.76.170)

Class C felony, Level III — Failure to appear on felony charge after posting bail

Hate Crime / Malicious Harassment (RCW 9A.36.080)

Class C felony, Level IV — Assault, property damage, or threat motivated by victim's race, religion, sexual orientation, etc.

Arson 1st or 2nd Degree (RCW 9A.48.020, 9A.48.030)

Class A or B felony, Level VIII–XII — Intentionally setting fire to building, structure, or property

Extortion 1st or 2nd Degree (RCW 9A.56.120, 9A.56.130)

Class B felony, Level V–VIII — Obtaining property or compelling act through threats

Eligibility

• First felony conviction (no prior felonies)
• Non-violent offense (excludes violent crimes, sex offenses, serious property crimes)
• Standard range 1+ years or less

Benefit

• Avoid prison; serve time on work release, home detention, or partial confinement
• Complete treatment and probation
• No felony conviction on record (if successfully completed)

Process

Defendant requests FTOW at sentencing. Court evaluates risk, nature of crime, victim impact. If granted, serves sentence in community with strict supervision.

If violated: Revoked; defendant goes to prison for full standard range.

Eligibility

• Convicted of drug offense (delivery, PWID, manufacturing)
• Non-violent offense (no gun, no serious prior record)
• Offender Score 9 or less
• Standard range 12+ months

Benefit

• Serve half of prison sentence
• Complete residential drug treatment (3–6 months)
• Serve remainder on community custody with treatment and supervision

Process

Defendant requests DOSA. Court orders evaluation (substance abuse assessment). If approved, serves time in prison, then treatment facility, then supervision.

If violated: Sent back to prison for remainder of sentence.

Eligibility

• First-time sex offense conviction
• No prior sex offenses
• Offense not rape 1st or child molestation 1st
• Victim's advocate and therapist support alternative
• Psychological evaluation recommends treatment

Benefit

• Suspended prison sentence
• Serve time on community custody with sex offender treatment (3–5+ years)
• If successful, no prison time

Conditions

Intensive sex offender treatment (polygraph, relapse prevention). No contact with victim or minors (often). Strict supervision.

If violated: Prison sentence imposed.

Drug Court

Pierce County Drug Court is a therapeutic court program for felony drug offenders that emphasizes treatment, supervision, and accountability. Successful completion can result in charges being dismissed. Drug court involves regular court appearances, drug testing, treatment compliance, and meeting with case managers.

Mental Health Court

For defendants with qualifying mental health conditions, Mental Health Court provides a structured program that addresses the underlying issues contributing to criminal behavior. Like drug court, successful completion can result in dismissal or reduced charges.

Bail Hearing

• We argue for release on personal recognizance or reasonable bail
• Challenge prosecution's request for high bail or no-bail hold
• Present ties to community, employment, family (low flight risk)

Preliminary Appearance / Arraignment

• Formally charged; advised of rights; enter plea (not guilty)
• Conditions of release set (pretrial supervision, GPS, no-contact orders)

Obtain Discovery

• Police reports and witness statements
• Forensic evidence (DNA, fingerprints, ballistics, lab reports)
• Surveillance video (store, traffic, body cam, dash cam)
• 911 calls, dispatch recordings
• Medical records (victim's injuries, your injuries)
• Search warrants and affidavits

Independent Investigation

• Interview witnesses (find exculpatory witnesses, challenge state's witnesses)
• Hire investigators (locate alibi witnesses, canvass scene, photograph)
• Scene reconstruction (for violent crimes, accidents)
• Obtain records (phone records, GPS data, social media, financial records)

Retain Experts

• Forensic experts (challenge DNA, fingerprints, blood spatter, ballistics)
• Medical experts (alternative explanations for injuries)
• Accident reconstructionists (vehicular crimes)
• Digital forensics (computer crimes, child pornography)
• Psychologists (diminished capacity, insanity defense)
• Toxicologists (DUI, drug crimes)

Motion to Suppress Evidence (CrR 3.6)

Illegal search/seizure, unlawful traffic stop, warrantless entry. If granted: Evidence suppressed — often leads to dismissal.

Motion to Suppress Statements (CrR 3.5)

Miranda violations, coerced confession, involuntary statements. If granted: Confession excluded — often destroys state's case.

Knapstad Motion (CrR 3.6)

Challenge sufficiency of evidence. Argue state lacks probable cause to proceed.

Motion to Dismiss

Statute of limitations expired, speedy trial violation, double jeopardy, immunity.

Other Motions

• Bill of Particulars — Demand prosecution specify details of charges
• Motion in Limine — Exclude prejudicial evidence (prior bad acts, inflammatory evidence)
• Discovery Sanctions — If prosecution withholds evidence, move to dismiss, exclude, or instruct jury

Charge Reduction

• Felony to lesser felony (Murder 2 to Manslaughter 1)
• Felony to misdemeanor (Assault 2 to Assault 4)
• Strike offense to non-strike (avoid Three Strikes)

Sentencing Recommendation

• Low end of standard range
• Alternative sentencing (DOSA, FTOW, SSOSA)
• Exceptional sentence (downward departure)

When We Recommend Plea

Evidence overwhelming; trial likely results in conviction. Plea offer significantly better than trial outcome (e.g., avoid strike offense, reduce sentence by years). Client's decision after full consultation.

When We Reject Plea and Go to Trial

Strong defenses (self-defense, alibi, insufficient evidence). Evidence suppressible. State's case weak. Stakes too high (life sentence, sex offender registration, Three Strikes).

You decide — we advise, but the ultimate decision to accept plea or go to trial is yours.

Jury Selection (Voir Dire)

Question potential jurors, identify biases (pro-prosecution, anti-defendant, prejudice based on charge), exercise challenges, select favorable jury.

Prosecution's Case

State presents witnesses (police, victim, forensic experts, lay witnesses). We cross-examine aggressively:

• Expose inconsistencies
• Challenge credibility
• Highlight reasonable doubt
• Impeach with prior statements

Defense Case

Present defense witnesses (alibi, character, experts). Defendant testifies (optional — we advise based on case). Challenge state's evidence with our experts.

Verdict

Jury must reach unanimous verdict (all 12 jurors agree).

• Not guilty — You're acquitted; case dismissed; you go free
• Guilty — Convicted; sentencing hearing scheduled

If convicted: We file post-trial motions (motion for new trial, arrest of judgment) and prepare for sentencing advocacy.

Mitigation Evidence

• Employment history (stable job, provider for family)
• Family support (letters from family, spouse, children)
• Community ties (housing, roots in community)
• Education and skills
• Lack of prior record (or minimal record)
• Rehabilitation (completed treatment, therapy, sobriety)
• Remorse (accept responsibility, apologize to victim)
• Mental health or substance abuse issues (explain, not excuse)
• Character witnesses (employer, pastor, friends, family testify)

Alternative Sentencing Requests

DOSA, FTOW, SSOSA (if eligible). Work release, home detention, partial confinement (instead of prison). Exceptional sentence downward departure with expert testimony.

Grounds for Appeal

• Trial errors (improper evidence admitted, jury instructions wrong, prosecutorial misconduct)
• Insufficient evidence (no reasonable jury could convict on evidence presented)
• Ineffective assistance of counsel (prior attorney's performance deficient)
• Sentencing errors (incorrect offender score, illegal sentence)

Appellate Process

File Notice of Appeal (30 days from judgment). Appellate attorney files brief. State responds. Oral argument (sometimes). Court of Appeals issues opinion (affirm, reverse, remand).

We handle appeals to Washington Court of Appeals and Washington Supreme Court.