Wash. Rev. Code » Title 10 · Chapter 10.61
Revised Code of Washington

Wash. Rev. Code § 10.61.006 (2026)

✓ current as of May 2026
Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
In all other cases the defendant may be found guilty of an offense the commission of which is necessarily included within that with which he or she is charged in the indictment or information.
[ 2010 c 8 s 1055; 1891 c 28 s 76; Code 1881 s 1098; 1854 p 120 s 123; RRS s 2168. Formerly RCW 10.61.010, part.] [SLC-RO-11]
Notes of Decisions
Cited in 147 cases (15 in the last 5 years), 1970–2025 · leading case: State v. Berlin, 947 P.2d 700 (Wash. 1997).
Sort: Relevance Newest Treatment
State v. Berlin, 947 P.2d 700 (Wash. 1997). · cites it 7× “— Once again, we are asked to interpret RCW 10.61.006, which requires us to revisit our decision in State v.”
State v. Coryell, 483 P.3d 98 (Wash. 2021). · cites it 5× “” Additionally, a defendant “may be found guilty of [a lesser included offense], the commission of which is necessarily included within that with which he or she is charged in the indictment or information.”
State v. Fernandez-Medina, 6 P.3d 1150 (Wash. 2000). · cites it 3× “Similarly, under RCW 10.61.006, a defendant can be convicted of an offense that is a lesser included offense of the crime charged, without being separately charged.”
State v. Nguyen, 197 P.3d 673 (Wash. 2008). · cites it 5× “RCW 10.61.006 provides in relevant part that "the defendant may be found guilty of an offense the commission of which is necessarily included within that with which he is charged in the indictment or information.”
State v. Huyen Bich Nguyen, 165 Wash. 2d 428 (Wash. 2008). · cites it 5× “RCW 10.61.006 provides in relevant part that “the defendant may be found guilty of an offense the commission of which is necessarily included within that with which he is charged in the indictment or information.”
State v. Irizarry, 763 P.2d 432 (Wash. 1988). · cites it 4× “[2] This rule is subject to two statutory exceptions: (1) where a defendant is convicted of a lesser included offense of the one charged in the information (RCW 10.61.006); and (2) where a defendant is convicted of an offense which is a crime of an inferior degree to the one…”
Matter of Pers. Restraint of St. Pierre, 823 P.2d 492 (Wash. 1992). · cites it 2× “This rule is subject to two statutory exceptions: (1) where a defendant is convicted of a lesser included offense of the one charged in the information (RCW 10.61.006); and (2) where a defendant is convicted of an offense which is a crime of an inferior degree to the one charged…”
State v. Pelkey, 745 P.2d 854 (Wash. 1987). · cites it 2× “Almost 100 years ago, we said: While it is true that the jury may find a defendant not guilty of the crime charged, but guilty of an offense of lesser degree, or of an offense necessarily included within that charged, it is also true that "accusation must precede conviction,"…”
State v. Harris, 849 P.2d 1216 (Wash. 1993). · cites it 3× “" RCW 10.61.006. To find an accused guilty of a lesser included offense, the jury must, of course, be instructed on its elements.”
State v. Witherspoon, 329 P.3d 888 (Wash. 2014). “¶17 Under RCW 10.61.006, both the defendant and the State have the right to present a lesser included offense to the jury.”
State v. Workman, 584 P.2d 382 (Wash. 1978). “See RCW 10.61.006. See also 2 C. Torcia, Wharton's Criminal Procedure § 375, at 337 (12th ed.”
State v. Gamble, 225 P.3d 973 (Wash. 2010). “2d 1205 (1982) ( Anderson II ); RCW 10.61.006. The mandatory joinder rule is procedural; it does not implicate double jeopardy.”
Show all 147 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.