D.C. Voluntary sentencing guidelines training

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