Juvenile Sentencing in Washington State: What You Need to Know
Even when they know better, kids do things they shouldn’t do. They lack experience and judgment. The part of the brain that allows them to understand the consequences of their actions isn’t yet fully developed. And they are extremely susceptible to peer pressure.
That’s why minors from good families with loving, caring parents often end up in trouble with the law. Unfortunately, the juvenile justice system in Washington state can and often does subject these young people to penalties just like adults, but usually less severe. It is vitally important for a child or teen accused of a crime to get advice from an attorney who can prevent them from making a mistake that could subject them to unfairly harsh penalties with long-lasting consequences.
With over 30 years of experience successfully defending young people in a variety of situations, Burke Brown Attorneys, PLLC knows that there are a lot of misconceptions when it comes to juvenile sentencing in Washington state. We want you to understand the guidelines in RCW 13.40.0357 and how they work so you can take the right steps to protect a young person whose future could be at serious risk.
The Goals of Juvenile Sentencing in Washington
Juvenile sentencing operates differently than adult sentencing in Washington state because the goals of the system are supposed to be different. The juvenile system focuses on rehabilitation rather than punishment. The system is geared to help young people learn from their mistakes. However, that does not mean that the system is lenient by any means, particularly when a minor is charged with a serious offense such as assault, arson, or a sex crime.
Judges and prosecutors are focused on public safety, and particularly when under political pressure, we know it can be easy for them to allow potential community safety concerns to override the rights and the future of the young person accused of an offense. We work hard to remind those in the juvenile justice system of the importance of rehabilitation and we succeed in securing consequences that teach rather than punish.
Factors that Influence Juvenile Sentencing
As with sentencing in the adult justice system, the judge’s options for sentencing are set by law according to a variety of factors. These include:
● The severity of the offense
● The existence, number, and type of any prior offenses
● The age and maturity of the minor
● Individual circumstances such as family support, performance in school, and mental health
The Juvenile Offender Sentencing Standards set out in RCW 13.40.0357 lists offenses and assigns each one a letter rating from A++ (the most severe) to E (the least severe.) Burke Brown Attorneys, PLLC understands how judges typically sentence each one of these offenses, and we work to obtain options such as community service, probation, or fines over incarceration. We take the time to understand the dynamics involved in every client situation so that we can make the most effective arguments and persuade judges to consider key elements that might be overlooked.
Sentencing Options in Juvenile Court
Judges have options when sentencing a minor accused of a criminal offense, and these different approaches are broken into four categories. The options impose consequences such as probation, fines/restitution, counseling, community service, electronic monitoring, confinement/incarceration in juvenile facilities, or a combination of these.
Option A: Juvenile Offender Sentencing Grid
RCW 13.40.0357 not only categorizes a list of offenses but also contains a grid of juvenile sentencing standards that judges can use to sentence a minor to a period of incarceration or “confinement.” The grid takes into consideration the grade assigned to the offense and points assessed for the number of prior adjudications. A first-time offender would have a point score of zero. Many offenses are counted as a ¼ of a point, but a felony adjudication is counted as a full point. As an example, if a judge used the grid to sentence a juvenile for robbery rated as a B+ offense and there were no points on the record, then the judge would sentence the minor to between 15-36 weeks of confinement.
Option B: Suspended Disposition Alternative
In many cases, the judge also often has the option of suspending the imposition of confinement and ordering the minor to comply with sanctions imposed locally as well as requirements for education and treatment. If the minor fails to comply with the requirements, then they become subject to additional sanctions.
Option C: Chemical Dependency/Mental Health Disposition Alternative
When a minor has committed an offense of a B rating or lower and meets other requirements, the judge has the option of sentencing under RCW 13.40.165. This option suspends the disposition of confinement and requires the minor to undergo treatment for mental health issues, drug or alcohol use, or a combination of issues. Treatment can be either inpatient or outpatient depending on the circumstances.
Option D: Manifest Injustice
If a judge determines that sentencing a minor under one of the three standard options would constitute a “manifest injustice,” then this legal option allows the court to impose a different disposition “outside the standard range.” Under RCW 13.40.160(2), this disposition should include confinement, community supervision, or a combination of the two.
The Role of an Attorney in Juvenile Sentencing
An experienced attorney can make a tremendous difference in the sentencing outcome in a juvenile case. In our decades of experience defending minors accused of sexual crimes and other serious offenses as well as so-called minor violations, Burke Brown Attorneys, PLLC knows that the ability to show judges why a rehabilitation option is justified in a case can turn a case around in a hurry.
We know all the options available and the persuasive reasons why courts should impose consequences that provide the best opportunities for learning and minimal damage to future opportunities. The ability to negotiate effectively with prosecutors often enables us to gain the least restrictive outcome right from the start of a case.
In addition, we can often appeal disposition orders or show why a change in circumstances justifies the modification of a juvenile sentence.
Facing Juvenile Charges? We Can Help
What happens during childhood and teen years affects the entire trajectory of an individual’s life. When a minor is accused of a crime and faces a judgment that can label and influence them forever, it is imperative to secure the best possible defense representation.At Burke Brown Attorneys, PLLC, our dedication to protecting the future of youth in our community cannot be matched. If you or a minor in your family is potentially facing juvenile charges, contact us today for a confidential consultation to get the protection your family deserves. Call 206-933-2414 or contact us online now.