What Does It Mean to Be a ‘Habitual Offender’ in Washington?

If you’re facing criminal charges in Washington State and already have prior convictions, you may be exposed to far more severe penalties than you expect. Washington law imposes harsher consequences for repeat offenders, often referred to as “habitual offenders.” While that term isn’t always formally defined in the law, it’s used to describe individuals who face sentencing enhancements due to their criminal history. These enhancements can apply in a wide range of cases, from violent felonies to repeated traffic violations.

Three Strikes Law: Life Without Parole for Repeat Violent Offenders

One of the most serious habitual offender laws in Washington is the Three Strikes Law, found in RCW 9.94A.570. This law applies when a person is convicted of three separate offenses categorized as “most serious offenses.” These include crimes such as first- and second-degree murder, first-degree robbery, rape, certain violent assaults, and child molestation. If someone is convicted of a third qualifying offense, they must be sentenced to life in prison without the possibility of parole, regardless of mitigating factors or circumstances.

The impact of the Three Strikes Law is harsh and automatic. Judges do not have discretion to impose a lighter sentence once three qualifying convictions are established. Even if the third strike is less severe than prior offenses, the result is the same: a mandatory life sentence. For individuals with two strikes, any new charge that qualifies could trigger this outcome—even if they accept a plea.

Repeat Felonies and Sentencing Enhancements Under the SRA

Even if your current charge isn’t a strike offense, your criminal history can still increase your sentencing exposure. Under Washington’s Sentencing Reform Act (SRA), a person’s sentence is calculated in part based on their “offender score,” which reflects the number and type of prior convictions. The more prior convictions you have, the higher your offender score, and the longer the standard sentence range.

This can have serious consequences. For example, a person with no criminal history might be eligible for probation or a short jail sentence for a particular offense. But the same offense committed by someone with a high offender score could result in a lengthy prison term. Repeat offenders may also be disqualified from alternative sentencing programs like Drug Court or community custody.

Habitual Traffic Offender Status and License Revocation

Washington law also allows for habitual offender consequences in the context of traffic violations. Under RCW 46.65, someone can be declared a habitual traffic offender (HTO) if they are convicted of three or more serious traffic offenses—such as DUI, reckless driving, or hit-and-run—within five years. Alternatively, accumulating twenty or more moving violations within five years can trigger the same designation.

Once someone is classified as an HTO, the Department of Licensing will revoke their driver’s license for up to seven years. Driving while under an HTO revocation is a gross misdemeanor and can lead to felony charges for repeat violations. This creates a cycle where repeated minor offenses escalate to more serious criminal consequences.

Why Repeat Offenses Carry Greater Risk in Washington

Being labeled a habitual offender isn’t just a legal classification—it’s a turning point. With every new conviction, the penalties become more severe. Prosecutors are more likely to file charges aggressively, offer fewer plea bargains, and push for maximum sentences. Judges may have less room to consider alternative sentences or rehabilitation. In some cases, your criminal record may even prevent you from participating in diversion or deferred sentencing programs.

Even if the new charge seems minor, your criminal history could turn it into a major sentencing event. That’s why repeat offenses must be taken seriously from the start.

How a Criminal Defense Attorney Can Help

If you’re facing new charges and have prior convictions, it’s essential to have a criminal defense attorney who understands how Washington’s sentencing structure works. An experienced lawyer can challenge whether prior convictions were properly scored, negotiate to avoid triggering strike consequences, and present arguments for sentencing alternatives. In some cases, post-conviction relief or resentencing options may even be available to reduce your exposure.

You don’t have to face the system alone. With the right legal representation, it’s possible to fight back, protect your future, and avoid the life-altering consequences that come with habitual offender status.

Call the Law Office of Erin Bradley McAleer Today

Whether you’re facing a first charge or dealing with the risk of sentencing enhancements as a repeat offender, the Law Office of Erin Bradley McAleer is here to help. We have the experience and dedication to defend your rights and guide you through the criminal justice system with confidence. Contact us today for a free consultation and let’s discuss the best path forward in your case at (360) 334-6277.