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D.C. Voluntary sentencing guidelines training

This training session provides an overview of voluntary sentencing guidelines for handling accessory after the fact and attempt charges, addressing how these offenses relate to the underlying offenses, the applicable offense severity groups, and scoring prior offenses.

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D.C. Voluntary sentencing guidelines training

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Presentation Transcript

  1. D.C. Voluntary sentencing guidelines training Handling Accessory After the Fact and Attempt Charges May 15, 2019

  2. Overview of Session • Why Address These Offenses in a Single Session? • Accessory After the Fact – Instant Offenses • Accessory After the Fact – Scoring Prior Offenses • Attempts – Instant Offenses • Attempts – Scoring Prior Offenses

  3. Why Address These Offenses in a Single Session? • In both instances, the Guidelines establish rules for determining: • How the offense relates to the underlying offense • The applicable OSGs and ranges • How to treat instant offenses v. prior offenses

  4. Accessory After the Fact – Instant Offenses • Two steps: • Determine the range: Use the box applicable to the underlying offense and multiply the top and bottom numbers by ½. • Example: • Instant offense: Robbery – accessory after the fact • OSG for underlying offense: M6 • CH Score: 2 • Range for underlying offense: 30-72 months prison-only • Multiplying the top and bottom number by ½ results in a range of 15-36 months. That’s the applicable range.

  5. Accessory After the Fact – Instant Offenses • Determine the type: To determine whether the defendant is eligible for probation or a short split sentence, go to the group immediately below that for the underlying offense and then to the appropriate column given the defendant’s criminal history. • Example: • Instant offense: Robbery – accessory after the fact • OSG for underlying offense: M6 • OSG immediately below: M7 • If CH score 2, still prison-only (24-48) • If CH score 1.75, eligible for short split (18-42)

  6. Accessory After the Fact – Scoring Prior Offenses • To score a prior conviction for accessory after the fact, follow these steps: • Note the underlying offense; • Determine the applicable Offense Severity Group; and • See the table on p. 8 of the Manual and score accordingly.

  7. Accessory After the Fact – Scoring Prior Offenses

  8. Accessory After the Fact – Scoring Prior Offenses • Example: • Prior: Robbery – accessory after the fact • Underlying offense: Robbery • OSG: M6 • Points: 1 (note that a prior straight Robbery would be scored as 2 points)

  9. Attempts – Instant Offenses • Three scenarios: • Attempted crimes of violence while armed are placed into the same offense severity group as the unarmed completed offense. • Example: • Instant offense: Attempted armed robbery • Unarmed completed offense: Robbery • OSG: M6

  10. Attempts – Instant Offenses • Attempted crimes of violence while unarmed are placed in OSG 8. • Example: • Instant offense: Attempted robbery (unarmed) • OSG: M8 • Attempted crimes that are not crimes of violence are misdemeanors (D.C. Code § 22-1803) and are therefore not addressed by the Guidelines. • Example: • Instant offense: Theft I • OSG: NA (misdemeanor)

  11. Attempts – Scoring Prior Offenses • Scoring prior D.C. attempt convictions entails the same analysis: • If the conviction was for an attempted crime of violence while armed, it is scored as though it were a conviction for an unarmed completed offense. • Example: • Prior: Attempted armed robbery • Unarmed completed offense: Robbery • OSG: 6 • Score: 2 points

  12. Attempts – Scoring Prior Offenses • If the conviction was for an unarmed crime of violence, it is scored as an M8 felony. • Example: • Prior: Attempted robbery (unarmed) • OSG: M8 • Score: 1 point • If the conviction was for an attempted non-crime of violence it is scored as a misdemeanor. • Example: • Prior: Attempted Theft I • Score: Misdemeanor - .25 points

  13. Attempts – Scoring Prior Offenses • Scoring out-of-District is similar. There are four steps: • Determine whether D.C. considers the out-of-District a crime of violence (D.C. Code § 23-1331(4)). • Where the prior conviction was for an out-of-District attempted armed crime of violence, score it as though it were a completed unarmed offense. • Example: • Prior: GA Attempted armed kidnapping • COV in D.C.: Yes • Unarmed completed offense: Kidnapping • OSG: M5 • Score: 3 points

  14. Attempts – Scoring Prior Offenses • Where the conviction was for an out-of-District attempted unarmed crime of violence, it is treated as an M8 felony. • Example: • Prior: VA Attempted Burglary (unarmed) • COV in D.C.: Yes • OSG: M8 • Score: 1 point • Where the conviction was for an out-of-District attempted non-crime of violence, it is treated as a misdemeanor. • Example: • Prior: MD Attempted Fraud I • COV in D.C.: No • Score: Misdemeanor - .25 points

  15. Additional Resources and Commission Staff • Please feel free to contact the Commission with additional questions or for assistance with specific cases. • Contacting the Commission with general questions: • scdc@dc.gov • (202) 727-8822 • For specific questions about the Guidelines: • General Counsel Kara Dansky • Kara.dansky@dc.gov • (202) 727-7934 • Additional resources, including the Voluntary Sentencing Guidelines Manual: http://scdc.dc.gov

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