Washington Criminal Defense Attorneys

In Washington, a felony sentence is mostly arithmetic before anyone argues a word: the Sentencing Reform Act grid takes the Seriousness Level of the charge, runs it against your Offender Score, and produces a standard range judges rarely leave. The real fights happen around the grid — what gets charged, which priors actually count in the score, and whether an alternative like DOSA pulls you off the grid entirely. Add the strongest state-constitution search protections in the country under Art. I, § 7, and Washington rewards a lawyer who knows the local terrain. Arrested in Seattle, Spokane, Tacoma, Everett, Bellevue, or Vancouver? DearLegal matches you — free — with a Washington defense attorney who works these levers daily.

It is the number that prices your case. Washington scores your criminal history — most felony priors add points, some count double, some "wash out" after enough crime-free years — and the grid crosses that score against the Seriousness Level of the current charge to set your standard range. Prosecutors and defense lawyers argue about scoring constantly because one disputed point can move the range by years. Verifying that every prior was scored correctly, and that washed-out or unconstitutional convictions were excluded, is some of the highest-value work a defense attorney does in this state.

Quite possibly erased it. In 2021 the Washington Supreme Court held the felony simple-possession statute unconstitutional, which made every conviction under it void — eligible for vacatur, refunds of legal financial obligations, and recalculation of Offender Scores on other sentences that counted those convictions. If you are serving or have served a sentence inflated by a Blake-affected prior, resentencing may be available. The current law (RCW 69.50.4011) treats simple possession as a misdemeanor-level offense with diversion to services built in — a completely different world from the old felony.

Yes, and it is not a technicality. Wash. Const. Art. I, § 7 — "No person shall be disturbed in his private affairs, or his home invaded, without authority of law" — is read more protectively than the Fourth Amendment. The Washington Supreme Court has rejected the federal good-faith exception and confined the automobile exception well beyond what federal courts require. Evidence that would survive a suppression motion in federal court regularly gets thrown out in a Washington superior court, which is exactly why your lawyer should scrutinize how every piece of evidence was obtained.

No. Whether it is the Washington State Patrol, Seattle PD, Spokane PD, Tacoma PD, or a county detective, the interview is an evidence-gathering exercise, not a chance to clear things up. You have the Fifth Amendment and Wash. Const. Art. I, § 9 behind you — say you are invoking your right to remain silent and want a lawyer, then stop talking. Your side of the story is far more useful delivered by counsel, at the right moment, in a form that cannot be cross-examined.

Washington's two best-known sentencing alternatives. DOSA (RCW 9.94A.660) lets eligible defendants with substance-use disorders serve a reduced confinement term — or a residential-treatment-based sentence — paired with intensive treatment and supervision. SSOSA (RCW 9.94A.670) suspends the prison term for certain first-time sex offenders in favor of community-based treatment under tight conditions. Both have strict eligibility rules and both require persuading a judge, so they are arguments to be built, not boxes to be checked. Deferred prosecution (RCW 10.05), the First-Time Offender Waiver, and Stipulated Orders of Continuance round out the menu for less serious cases.

Up to 364 days in jail and a $5,000 fine — and the conviction itself is often the bigger problem. A DV conviction under RCW 10.99 triggers a federal firearm prohibition; a DUI follows you for licensing, insurance, and immigration purposes and can never be vacated. Simple misdemeanors top out at 90 days and $1,000. Early counsel matters here precisely because the off-ramps — deferred prosecution, an SOC, an eventual vacation under RCW 9.96.060 — depend on choices made at the start of the case, not the end.

Often, yes — Washington calls it "vacation," not expungement. Most misdemeanors can be vacated under RCW 9.96.060 after a waiting period (longer for DV and certain other offenses; DUI generally cannot be vacated). Class B and C felonies can be vacated under RCW 9.94A.640 after 10 and 5 crime-free years respectively; Class A felonies and sex offenses are off the table. A vacated conviction is removed from your record for most purposes, and Certificates of Restoration of Opportunity (RCW 9.97) can reopen licensed occupations even sooner.

On two tracks at once — a criminal case and a Department of Licensing action. The offense (RCW 46.61.502) uses .08 BAC for adults, .04 for CDL holders, and .02 for drivers under 21, with implied consent under RCW 46.20.308. A first offense carries mandatory minimum jail (more if your BAC was .15 or higher or you refused the test), a minimum fine, a 90-day license suspension, and an ignition interlock requirement. A second offense within seven years means at least 30 days; a third, 90. A fourth DUI within ten years is charged as a Class B felony (RCW 46.61.502(6)), and a DUI that kills someone is Class A vehicular homicide (RCW 46.61.520). Deferred prosecution under RCW 10.05 can resolve some cases through treatment — once, ever, so it should not be spent carelessly.

Why Do You Need a Criminal Defense Attorney in Washington?

Because almost nothing about a Washington case runs on intuition. Felonies under RCW Title 9A come in three classes — Class A (up to life), Class B (up to 10 years), Class C (up to 5) — while gross misdemeanors carry up to 364 days and simple misdemeanors up to 90 (RCW 9A.20.021). But the class only sets the ceiling; your actual range comes off the Sentencing Reform Act grid (RCW 9.94A), driven by Offender Score and Seriousness Level, and a single scoring error can add years. The Persistent Offender law (RCW 9.94A.570) still means life without parole on a third "most serious offense," though 2019 reforms (HB 1504) trimmed the qualifying list. The flip side is that Washington has built more exits than most states: DOSA (RCW 9.94A.660), SSOSA (RCW 9.94A.670), the First-Time Offender Waiver, deferred prosecution (RCW 10.05), Stipulated Orders of Continuance, and drug, mental health, and veterans courts. The state also keeps reshaping its own drug law — the Supreme Court struck down felony simple possession in State v. Blake (2021), and the Legislature answered with a misdemeanor-level offense built around diversion to services (RCW 69.50.4011). Recreational marijuana has been legal since Initiative 502 in 2012 (1 oz for adults 21+), and the death penalty fell in 2018 when State v. Gregory held it unconstitutional under Wash. Const. Art. I, § 14. A lawyer who knows which of these doors your case fits through changes the outcome — often before the first hearing is over.

When Do You Need a Criminal Defense Attorney in Washington?

Our network includes Washington criminal defense attorneys who handle every kind of case, including:

Types of Criminal Defense Cases in Washington

From the moment you connect with a Washington criminal defense attorney, they go to work protecting your claim. The most common case types we handle:

Giving a statement to WSP, Seattle PD, Spokane PD, Tacoma PD, or any detective before counsel is present

Consenting to a search and forfeiting Art. I, § 7 protections that are stronger than the Fourth Amendment

Assuming your Offender Score is correct — unverified or washed-out priors inflate grid ranges all the time

Missing a court date and converting a manageable case into a bench warrant and bail problem

Posting about the case online — prosecutors subpoena platforms, and screenshots outlive deletions

Wiping messages or photos from your phone — Tampering with Physical Evidence (RCW 9A.72.150) is its own crime

Taking the first plea offer without anyone pricing the alternatives: SOC, deferred prosecution, DOSA, SSOSA, First-Time Offender Waiver, or a specialty court

Giving a statement to WSP, Seattle PD, Spokane PD, Tacoma PD, or any detective before counsel is present

Consenting to a search and forfeiting Art. I, § 7 protections that are stronger than the Fourth Amendment

Assuming your Offender Score is correct — unverified or washed-out priors inflate grid ranges all the time

Missing a court date and converting a manageable case into a bench warrant and bail problem

Posting about the case online — prosecutors subpoena platforms, and screenshots outlive deletions

Wiping messages or photos from your phone — Tampering with Physical Evidence (RCW 9A.72.150) is its own crime

Taking the first plea offer without anyone pricing the alternatives: SOC, deferred prosecution, DOSA, SSOSA, First-Time Offender Waiver, or a specialty court

Common Washington Criminal Defense Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Washington Criminal Defense Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

No Washington lawyer can take a criminal case on contingency — Wash. RPC 1.5(d), echoing ABA Model Rule 1.5(d), forbids it. Expect a flat fee for misdemeanors and most felonies, with hourly billing for federal, homicide, and complex white-collar matters. If you cannot afford counsel, the King County Department of Public Defense, the Pierce County Department of Assigned Counsel, the Snohomish County Public Defender, and their counterparts across the state's 39 counties represent indigent defendants.

What Can Your Washington Criminal Defense Compensation Include?

Charge Dismissal

Suppression under Art. I, § 7 — where Washington courts exclude evidence federal courts would admit — plus motions to dismiss for insufficient evidence, prosecutorial dismissal, and speedy-trial dismissal under CrR 3.3.

Charge Reduction

Stepping a Class A down to B or C, a felony down to a gross misdemeanor, or stripping firearm enhancements (RCW 9.94A.533) and persistent-offender allegations that drive the real exposure.

Sentencing Alternatives and Diversion

DOSA (RCW 9.94A.660), SSOSA (RCW 9.94A.670), deferred prosecution (RCW 10.05), Stipulated Orders of Continuance, the First-Time Offender Waiver, and drug, mental health, and veterans courts — resolutions that treat the underlying problem instead of maximizing confinement.

Plea Agreement

Negotiated resolution under CrR 4.2: reduced charges, dismissed counts, agreed recommendations within the SRA grid, mitigated exceptional sentences, and community custody in place of prison.

Acquittal at Trial

Not guilty before a Washington jury — 12 jurors for felonies, 6 for misdemeanors, unanimity required (Wash. Const. Art. I, §§ 21, 22) — or a bench verdict where a jury waiver makes tactical sense.

Post-Conviction Relief

Personal Restraint Petitions (RAP 16, generally within one year of finality) raising ineffective assistance, new evidence, or an illegal sentence; CrR 7.8 motions for relief from judgment; and Blake-based vacatur and resentencing for simple-possession convictions.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Washington Criminal Defense Attorneys

Why Do You Need a Criminal Defense Attorney in Washington?

When Do You Need a Criminal Defense Attorney in Washington?

Types of Criminal Defense Cases in Washington

Common Washington Criminal Defense Mistakes

How Much Do Washington Criminal Defense Attorneys Cost?

What Can Your Washington Criminal Defense Compensation Include?

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