What is a Second Degree Felony in Washington?

A felony in Washington is the most serious offense a person can commit in the state. This offense is typically punishable by more than a year in prison. Generally, felony offenses are classified in degrees, each indicating different levels of seriousness. First-degree felony offenses are the most serious crimes one can commit. These types of crimes carry the harshest punishments in the state. Meanwhile, second-degree felonies are not as severe but carry harsher punishments than third-degree offenses and misdemeanors. However, according to Section 9A.56.010 of the Washington Statutes, felonies are not split into degrees but classes, ranging from A to C.

1. Class A: This is the most serious class of offenses, and anyone convicted of these types of crimes could face a life sentence or a fine of up to $50,000.
2. Class B: While these are grave crimes to commit, the punishments are not as harsh as Class A offenses. These crimes are either punishable by a fine of up to $20,000, up to 10 years in jail, or both.
3. Class C: These are the least serious felony offenses and are punishable by jail time of up to 5 years and a maximum $10,000 fine. 

Which Crimes Are Considered Second Degree Felonies in Washington?

While crimes are not divided into degrees in Washington, some offenses are called second-degree offenses or offenses in the second degree. These are mid-level crimes that tend to fall under Class B felony offences. The following is a list of crimes explicitly labelled second-degree felonies in the Washington Code:

1. Second-degree murder: This is distinct from first-degree murder as it lacks the element of planning and premeditation. If the court finds a person guilty of this crime, they may be given a life sentence or a maximum fine of $100,000.
2. Assault in the second degree: According to Section 9A.36.021, this is assaulting an individual with a deadly weapon and causing serious bodily harm. 
3. Second-degree drug possession in a correctional facility: According to Section 9.94.045, this is when a person other than an individual serving time in the facility possesses contraband narcotics in the facility or any real property under the control of the correctional facility. 

What is Second Degree Murder and How is it Classified in Washington?

Second-degree murder in Washington, per Section 9A.32.050 of the Washington Code, refers to intentional killings that were not pre-planned or deaths that happen while someone commits a felony. This means that while the act is intentional, it does not have the careful planning that makes it first-degree murder. However, it is more serious than manslaughter, which usually involves acting recklessly or carelessly instead of intentionally. Even though it is labelled "second degree," this crime is still a Class A felony.

Washington Second Degree Felonies Penalties and Punishments 

In Washington, second-degree crimes have harsher penalties than third-degree crimes but lighter than first-degree felonies. For example, second-degree assault is a Class B felony, punishable by up to ten years in prison and fines of up to $20,000. However, penalties can vary based on the offender's history and crime specifics. 

Second-degree burglary also carries significant prison time and fines. Second-degree murder is a Class A felony with even stricter penalties. Alternatives like probation or parole are rare for violent crimes. 

Are Second Degree Felony Records Public in Washington?

In Washington, felony records are typically public information. Interested parties may find felony records at the court where the decision was made or the state's judicial public access portal, unless they have been sealed or overturned. While specific sensitive details, such as those involving juveniles or specific victim information, may be kept private, the existence of a conviction is generally available to the public. Washington allows ex-convicts to expunge some of their felony records, which makes them less accessible. However, it is essential to note that violent offenses, particularly most second-degree felonies, cannot be removed from public view.

How to Access Second Degree Felony Court Records in Washington

Since Washington allows the public to view felony records, interested parties can take the following steps to have access to them:

• Step 1: Determine the county or superior court where the legal action was initiated. For instance, the King County Superior Court or the Pierce County Superior Court.
• Step 2: Use the Washington State Courts’ online portal,  the statewide platform for superior court cases. Record seekers can perform searches using names, case numbers, and more. 
• Step 3: If the portal does not provide complete documents, visit the court clerk to request access to criminal case files. Record seekers may ask for dockets, filings, judgments, and sentencing orders at the court clerk's office.
• Step 4: For criminal history records that extend beyond what is available from the courts, interested parties should contact the Washington State Patrol.

Individuals may also use third-party public record services, but must always take steps to confirm the accuracy of the information. Ensure to review and follow local procedures on privacy. The court may redact or restrict some records due to sensitive content.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes, second-degree felony charges can be reduced or dismissed in Washington. Felony charges can occasionally be lessened or dropped based on the evidence and the specific situation. A prosecutor may be willing to negotiate a plea deal where the defendant admits guilt to a lesser charge in return for a lighter sentence. Courts may also dismiss charges if essential evidence is determined to be unreliable or was acquired inappropriately. However, for violent offenses like assault with a weapon or second-degree murder, obtaining reductions is more challenging, and the outcomes largely depend on the strength of the defense.

Is it Possible to expunge or seal a second-degree Degree Felony or Murder Record in Washington?

Individuals found guilty of felony offenses may have those charges removed from public records under specific conditions. As outlined in Section 9.94A.640 of the Washington Code, those who have fulfilled all the terms of their sentence can request a vacation of their conviction from the sentencing court. If the court determines that the criteria for vacation are satisfied, it may take actions such as:

1. Allowing the offender to change their "guilty" plea to a "not guilty" plea
2. Overturning the guilty verdict in cases where the offender was convicted after pleading "not guilty"
3. Dismissing the charges against the offender

When a conviction is vacated, the offender is released from any penalties or restrictions associated with that offense. Such vacated convictions will not be part of the offender's criminal record. Local law enforcement cannot share or reveal these convictions to anyone except for criminal justice agencies. Effectively, individuals whose convictions have been vacated can claim they have never committed those offenses. Those who meet the necessary criteria can apply for a vacation of their conviction by filling out forms online or by obtaining them through the court’s administrative office.

How Long Do Second-Degree Felony Records Stay Public in Washington?

Unless they are vacated or sealed, felony convictions can remain on criminal records indefinitely. Requests for vacating or sealing records may be approved if certain conditions set by the state's criminal code are satisfied. For instance, a Class B felony can be vacated after 10 years have elapsed since the completion of the sentence, provided no further offenses have occurred in Washington or any other state during that time. Individuals convicted of Class C felonies may submit a request to have their convictions vacated five years after finishing their sentence. These individuals should not have been convicted of any other crimes in Washington or elsewhere during the specified period.