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Criminal Law · answered on camera

How Washington State Prosecutors Get Two Gun Convictions From The Same Crime?

Quick answer

How can Washington stack two firearm penalties on one crime? If you're charged with assault with a firearm, prosecutors can add a separate firearm enhancement, explains Pierce County attorney Spencer Freeman—even though the gun is already built into the charge. It feels like double-dipping, but Washington's Supreme Court upheld it. One client, claiming self-defense, drew 13 years without hitting anyone.

Excerpt summaries from the video and transcripts · how we make them

Answered by Spencer Freeman · Pierce County, WA

Highlights

0:30

— how a firearm charge and a firearm enhancement stack on one crime

1:11

— why no 'good time' applies to the firearm portion of the sentence

Frequently Asked Questions

How can Washington stack two firearm penalties?

If you're charged with assault with a firearm, prosecutors can add a separate firearm enhancement even though the gun is already built into the charge—it feels like double-dipping, but the state Supreme Court upheld it, and one client drew 13 years without hitting anyone.

Does 'good time' apply to the enhancement?

No—no good time applies to the firearm portion of the sentence, so that added time must be served in full.

→ Full interview on Attorneys.Media

Contact Spencer Freeman
Answered by

Spencer Freeman
Freeman Law Firm, Inc.

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