What Is a Class C (Third-Degree) Felony in Washington?

Under Title 9A, felonies in Washington are divided into three different categories or levels. Class A felonies are the most serious, while Class C felonies are the least serious. However, Class C offenses are still non-trivial and can almost guarantee an unhappy ending for the offender, as they would likely result in time in state prison. They include property theft valued at between $750 and $1500, electronic data theft, assault in the third degree, and assault in the fourth degree when the offender has a history of domestic violence. The sentence for class C felonies is up to 5 years imprisonment and/or up to $10,000 in fines.

Common Offenses That Fall Under Class C (Third-Degree) Felony Charges

When offenders are booked for an offence, the charge against them largely depends on the type of crime, the offender’s criminal history, and any aggravating or mitigating factors. For instance, if it is established that there are underlying factors that instigated the crime, such as racial intolerance, sexual orientation, or hate motivation, such factors come to bear in the charges and sentencing.

Some common Class C felonies include third-degree assault, some drug offences, vehicular homicide, and second-degree theft. Per RCW 9a.36.031, an individual is guilty of third-degree assault when they assault someone while performing their official duties, such as a law enforcement officer on duty, or assault someone with criminal negligence. Under RCW 9a.56.040, second-degree theft involves taking another's property or services valued between $750 and $5,000.

Under RCW 9a.44.060, an individual is guilty of rape in the third degree when they engage in sexual intercourse without consent or if consent is obtained by threatening the victim's property rights.

Penalties and Sentencing for Third-Degree Felonies in Washington

The specific penalty for a third-degree felony in Washington is governed by the Washington state sentencing guidelines. With the guideline as a benchmark, judges determine the sentencing range based on the defendant's criminal history and the seriousness level of the crime. They also have the flexibility to periodically depart from the sentencing guidelines, considering the facts of the case and any aggravating or mitigating factors. For instance, they may consider rehabilitative, as opposed to punitive measures, including alternatives to incarceration such as community custody.

In general, most Class C felonies in Washington have no minimum mandatory sentence; however, as stipulated in the Revised Code of Washington § 9A.20.030, the maximum sentence is 5 years' imprisonment. Additionally, individuals convicted of Class C felonies may face a fine of up to $10,000.

Under RCW 9a.56.040, theft in the second degree involves stealing property or services valued at between $750 and $5,000. It attracts a punishment of up to 5 years' custody in state prison and/or $10,000 fine.

Per RCW 9a.36.031, third-degree assault occurs when an offender assaults someone who is performing their official duties or assaults someone with criminal negligence. It is punishable by up to 5 years in state prison and/or a maximum fine of $10,000.

Per RCW 9a.44.060, third-degree rape is punishable by up to 5 years imprisonment or up to $10,000 fine.

Will You Go to Jail for a Class C (Third-Degree) Felony in Washington?

Based on the Washington State sentencing guidelines, third-degree felony jail time in Washington is highly probable. Categorically speaking, if an offender is convicted of a violent crime or they have a criminal record that is not so clean, prison time is a real possibility, even though it may not be as lengthy as a more serious felony.

Specific details about jail time for prison time depend on factors such as the offense the individual committed, the offender's criminal history, and any aggravating or mitigating factors. If the individual has a high offender score, for instance, they run the risk of losing parole privilege.

Moreover, judges have the flexibility to consider alternatives to incarceration, particularly for first-time offenders, such as community custody or electronic home monitoring. Also, so long as the offender complies with court-ordered conditions, the judge may grant a deferred or suspended sentence.

How Long Does a Third-Degree Felony Stay on Your Record?

In Washington, Class C felonies do not automatically go away or expire with time. They remain indefinitely on the offender's criminal record except they are vacated by a court order.

Felony convictions come with a lot of negative consequences, which often linger long after the defendant has served the terms of their sentence. On account of the criminal history record, offenders may be barred from certain jobs, licenses, getting admitted to certain schools, and facing accommodation and travel challenges. Moreover, under the recidivism laws, previous offenders also risk the possibility of enhanced sentences for any subsequent conviction.

Can a Third-Degree Felony Be Sealed or Expunged in Washington?

In Washington, expungement and sealing are reserved for non-conviction records such as acquittals and dismissals, and juvenile records. Under RCW 9.94a.640, criminal conviction records may be vacated for most felony offenses, including third-degree felonies. If granted, the offender may state that they have never been convicted of the crime.

According to the provisions of the Washington Courts General Rules 15, court records may be sealed if privacy or safety concerns outweigh the public interest in accessing the information.

Some of the conditions for eligibility include:

• The offender must not have any pending charges
• Violent offences and crimes against a person may not be vacated
• The mandatory waiting period of 5 years must have elapsed
• The offender must have no new convictions for a period of 5 years

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

In Washington, felonies are by far the most serious offenses. They are divided into three categories: Class A, B, and C. Among these, Class A felonies are the most severe. Mostly, these crimes involve direct physical harm or threat of harm.

Washington has sentencing guidelines, which judges consult to determine the sentence for an offense. In the guidelines, each felony class has a maximum associated penalty. The maximum sentence for a Class A felony is life imprisonment and a fine of $50,000. Examples of such crimes include first and second-degree murder, rape, assault with a deadly weapon, and sex crimes against minors.

The maximum sentence for a Class B felony is up to 10 years imprisonment and a maximum fine of up to $20,000. Crimes in this category include second-degree manslaughter, residential burglary, auto theft, and second-degree assault.

On the other hand, the maximum sentence for a Class C felony is up to 5 years imprisonment and a fine of $10,000. Crimes in this category include theft of property valued at between $750 and $1,500, certain drug offences, third-degree assault, and third-degree rape.

How to Look Up Third-Degree Felony Records in Washington

In Washington, records of Class C felonies are considered public in line with RCW 10.97.050. However, to balance transparency with privacy rights, some records are sealed by law. Others are considered private due to the sensitive nature of the information they contain. For instance, records about juveniles, records involving mental health, and domestic violence are not publicly accessible.

There are multiple avenues to look up Class C felony records in Washington. These include online, by mail, and in-person visits. Moreover, in addition to official sources, third-party websites provide access to felony records. These are often aggregated from various government databases; therefore, they may not be accurate or current.

Online

One way to look up Class C felonies in Washington is through the Washington Access to Criminal History (WATCH). Requesters must create an account and pay a fee of $11 per name search. Alternatively, third-party websites provide court records, although these may not be totally free. They may charge a fee to get detailed records.

By mail

Interested parties may look up criminal records through the Washington State Patrol by mail. They must fill out the request form obtained from the department’s website and submit it by mail. There is a charge of $17 to access conviction records. The processing time may take up to one to two weeks.

In-Person Visit

Interested parties may visit the court where the case was heard.

Probation and Parole for Third-Degree Felony Offenders

Under RCW 72.04a, individuals convicted of Class C felonies are eligible for probation. During sentencing, they may be considered for community custody as an alternative to incarceration. Sometimes, probation is served in conjunction with a short jail sentence. This would depend on the severity of the offense and the offender’s criminal history. Even if they qualify, the parole board is at liberty to grant or deny probation.

Under the first-time offender waiver, RCW 9.94a.650, the court may waive the standard sentencing for a first-time offender. Instead, the judge may sentence the individual to 0 to 90 days of confinement, community custody, and other requirements.