Washington criminal charge
Criminal attempt in Washington
Criminal attempt is a criminal offense under Washington law, defined by RCW 9A.28.020. Its classification is not fixed: Washington assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by RCW 9A.28.020.
What is the penalty for criminal attempt in Washington?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | Attempt to commit specified serious offenses — Applies when the crime attempted is murder in the first degree, murder in the second degree, arson in the first degree, child molestation in the first degree, indecent liberties by forcible compulsion, rape in the first degree, rape in the second degree, rape of a child in the first degree, or rape of a child in the second degree.; a maximum term of life imprisonment (RCW 9A.20.021(1)(a)); the sentence actually imposed is set by the Sentencing Reform Act standard range (RCW 9.94A.510) from the offense's seriousness level and the defendant's offender score | discretionary | RCW 9A.20.021 |
| Fine | up to $50,000 (Attempt to commit specified serious offenses — Applies when the crime attempted is murder in the first degree, murder in the second degree, arson in the first degree, child molestation in the first degree, indecent liberties by forcible compulsion, rape in the first degree, rape in the second degree, rape of a child in the first degree, or rape of a child in the second degree.; statutory maximum, adult offenders (RCW 9A.20.021(5)); unless a different maximum is specifically established by statute) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 10 years (Attempt to commit other class A felony — Applies when the crime attempted is a class A felony other than one of the offenses listed in subsection (3)(a).; statutory maximum (RCW 9A.20.021(1)(b)); the sentence actually imposed is set by the Sentencing Reform Act standard range (RCW 9.94A.510) from the offense's seriousness level and the defendant's offender score) | discretionary | RCW 9A.20.021 |
| Fine | up to $20,000 (Attempt to commit other class A felony — Applies when the crime attempted is a class A felony other than one of the offenses listed in subsection (3)(a).; statutory maximum, adult offenders (RCW 9A.20.021(5)); unless a different maximum is specifically established by statute) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 5 years (Attempt to commit class B felony — Applies when the crime attempted is a class B felony.; statutory maximum (RCW 9A.20.021(1)(c)); the sentence actually imposed is set by the Sentencing Reform Act standard range (RCW 9.94A.510) from the offense's seriousness level and the defendant's offender score) | discretionary | RCW 9A.20.021 |
| Fine | up to $10,000 (Attempt to commit class B felony — Applies when the crime attempted is a class B felony.; statutory maximum, adult offenders (RCW 9A.20.021(5)); unless a different maximum is specifically established by statute) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 364 days (Attempt to commit class C felony — Applies when the crime attempted is a class C felony.; statutory maximum, county jail (RCW 9A.20.021(2)); offenses outside Title 9A carry the same default under RCW 9.92.020 unless the offense fixes its own penalty) | discretionary | RCW 9A.20.021 |
| Fine | up to $5,000 (Attempt to commit class C felony — Applies when the crime attempted is a class C felony.; statutory maximum, adult offenders (RCW 9A.20.021(5))) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 90 days (Attempt to commit gross misdemeanor or misdemeanor — Applies when the crime attempted is a gross misdemeanor or misdemeanor.; statutory maximum, county jail (RCW 9A.20.021(3)); offenses outside Title 9A carry the same default under RCW 9.92.030 unless the offense fixes its own penalty) | discretionary | RCW 9A.20.021 |
| Fine | up to $1,000 (Attempt to commit gross misdemeanor or misdemeanor — Applies when the crime attempted is a gross misdemeanor or misdemeanor.; statutory maximum, adult offenders (RCW 9A.20.021(5))) | discretionary | RCW 9A.20.021 |
Applies to crimes committed on or after July 1, 1984.
How is criminal attempt classified in Washington?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Attempt to commit specified serious offenses | Class A Felony | Applies when the crime attempted is murder in the first degree, murder in the second degree, arson in the first degree, child molestation in the first degree, indecent liberties by forcible compulsion, rape in the first degree, rape in the second degree, rape of a child in the first degree, or rape of a child in the second degree. | RCW 9A.28.020(3)(a) |
| Attempt to commit other class A felony | Class B Felony | Applies when the crime attempted is a class A felony other than one of the offenses listed in subsection (3)(a). | RCW 9A.28.020(3)(b) |
| Attempt to commit class B felony | Class C Felony | Applies when the crime attempted is a class B felony. | RCW 9A.28.020(3)(c) |
| Attempt to commit class C felony | Gross Misdemeanor | Applies when the crime attempted is a class C felony. | RCW 9A.28.020(3)(d) |
| Attempt to commit gross misdemeanor or misdemeanor | Misdemeanor | Applies when the crime attempted is a gross misdemeanor or misdemeanor. | RCW 9A.28.020(3)(e) |
Common questions about criminal attempt in Washington
Is criminal attempt a felony or a misdemeanor in Washington?
It depends on the circumstances: criminal attempt ranges from a Misdemeanor to a Class A Felony in Washington under RCW 9A.28.020.
Attempt to commit specified serious offenses: Class A Felony (RCW 9A.28.020(3)(a)) · Attempt to commit other class A felony: Class B Felony (RCW 9A.28.020(3)(b)) · Attempt to commit class B felony: Class C Felony (RCW 9A.28.020(3)(c)) · Attempt to commit class C felony: Gross Misdemeanor (RCW 9A.28.020(3)(d)) · Attempt to commit gross misdemeanor or misdemeanor: Misdemeanor (RCW 9A.28.020(3)(e))
What are the penalties for criminal attempt in Washington?
Penalties for criminal attempt in Washington depend on how it is classified — from a Misdemeanor up to a Class A Felony — with the ranges set by RCW 9A.20.021; the full table of ranges by variant is published on this page.
Which Washington statute covers criminal attempt?
Criminal attempt is governed by RCW 9A.28.020 (Criminal attempt).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.