In Washington state, a misdemeanor is a less serious crime than a felony. It can still lead to serious punishments, including jail time. Misdemeanor charges are either simple or gross. Fines and county jail time depend on the type.
A criminal case for a misdemeanor, such as petty theft or reckless driving, may still lead to a permanent criminal record that can be found during a background check. Many people wrongly think that minor crimes like simple assault or public intoxication have no lasting effects.
Table of Contents
Torrone’s Takeaways
- A misdemeanor is a criminal offense less severe than a felony.
- Misdemeanors can result in fines and jail time in a county jail.
- Washington has two types of misdemeanors: simple and gross.
- A criminal record can impact employment and housing.
- The legal process includes arraignment and pretrial conferences.
- A plea of not guilty preserves your right to a jury trial.
- For some offenses, a judge may order community service.
- A criminal charge has a statute of limitations.
- A conviction can potentially be “vacated” from your record.
Misdemeanor Charges in Washington State
A misdemeanor charge is a criminal offense punishable by up to one year in jail. In the criminal justice system of the United States, a criminal charge like petty theft or reckless driving can have lasting consequences, even if it is not a felony. This article is a layperson’s guide to criminal law and its effect on your civil rights.
Washington Criminal Law
Washington’s criminal statutes define a misdemeanor as a criminal offense less serious than a felony. Misdemeanors are heard in district or municipal courts, distinct from the superior courts that handle felonies. Law enforcement files a criminal case, and the criminal prosecution begins. Misdemeanor charges include simple assault, public intoxication, or having drug tools. Even a “minor” offense may result in jail time in a county jail, a fine, or community service.
What a Misdemeanor Charge Really Means for You
The impact of a misdemeanor extends beyond the initial legal proceedings. A criminal record can make it difficult to secure employment or housing, as it often appears on a background check. A criminal charge may affect your eligibility for certain professional licenses and can even lead to a civil lawsuit in some circumstances. Your legal rights, including your right to a jury trial, are in effect throughout the process.
Simple and Gross Misdemeanors
Washington state criminal law classifies misdemeanors into two categories: simple and gross. The classification dictates the maximum punishment you could receive, so it is a key difference. Many people are surprised to learn that a criminal charge can be filed under one of these two categories, with very different outcomes.
The Difference in Washington Law
The primary distinction is based on the maximum sentence. A simple misdemeanor is a less serious criminal offense with a maximum penalty of 90 days in jail and a $1,000 fine. A gross misdemeanor, on the other hand, is a more serious criminal charge that can result in up to 364 days in jail and a fine of up to $5,000. Examples of these criminal offenses include:
- Simple Misdemeanors: Public intoxication, some traffic violations, or minor property damage.
- Gross Misdemeanors: Drunk driving (DUI), domestic violence misdemeanors, reckless driving, or unlawful possession of a weapon.
How a Simple Misdemeanor Charge Is Classified
A person can be charged with a simple misdemeanor for a variety of criminal offenses, typically those with less harm to people or property. A conviction for a simple misdemeanor can still lead to a permanent criminal record and may require community service.
When a Misdemeanor Becomes a Gross Misdemeanor
A simple criminal charge can escalate to a gross misdemeanor based on factors such as the degree of harm or the presence of aggravating factors. For example, a minor theft can become a gross misdemeanor based on the value of the property. Likewise, simple assault can be elevated to a gross misdemeanor if it involves domestic battery.
Table: Misdemeanor vs. Felony in Washington State
| Factor | Misdemeanor | Felony |
| Severity | Less serious criminal offense | More serious criminal offense |
| Jail Time | Up to 364 days in a county jail | More than one year, often in state prison |
| Fines | Up to $5,000 | Up to $50,000 |
| Court | Heard in District or Municipal Court | Heard in Superior Court |
| Criminal Record | Permanent criminal record | Permanent criminal record, often with greater consequences |
| Civil Rights | Generally does not affect the right to vote or own a firearm | May result in loss of certain civil rights |
Long-Term Consequences of a Conviction
A misdemeanor charge, while not a felony, can still have significant and lasting effects. A conviction can go on a criminal record, which can impact a background check for employment and housing for years to come. Such a criminal offense can lead to unexpected challenges in various aspects of your life.
How a Misdemeanor Affects Your Employment
A criminal record can be a major barrier to finding and keeping a job. Many employers conduct background checks as a routine part of their hiring process. Even a minor criminal charge for petty theft or a traffic violation like reckless driving may be viewed unfavorably. Some jobs, especially those needing professional licenses, have rules about hiring people with a criminal record.
The Impact on Housing and Rental Applications
Securing a place to live can also become a challenge. Landlords often run background checks, and a past criminal offense may be a reason for denial. A criminal misdemeanor could be seen as a risk, leading to:
- Higher security deposits.
- Denial of a rental application.
- Restrictions on certain amenities.
Can a Misdemeanor Affect Your Civil Rights?
In the United States, a misdemeanor conviction usually does not cause a permanent loss of rights like voting or owning a gun. Many felony convictions do cause this loss. However, a person’s civil rights can be temporarily restricted as part of a court-imposed sentence or probation.
What Happens Right After You Are Charged
Being charged with a criminal offense can be a disorienting experience. The police usually take a person into custody. The legal process starts right away. Understanding the steps that follow a misdemeanor charge is key to knowing what to expect and how to protect yourself.
The Arrest and Booking Process
When a person is arrested for a misdemeanor, law enforcement will transport them to a county jail for the booking process. The individual’s personal belongings are inventoried, fingerprints are taken, and a mugshot is recorded. A person may be held until a judge sets a bail amount or until they are released on their own recognizance.
Preparing for Your First Court Appearance
Your first court appearance is a critical event. Preparing for it means understanding the criminal charges filed against you and arriving on time, dressed appropriately. A person should consult with a lawyer, whether a public defender or a private attorney, before entering a plea. The court will inquire about your legal representation at this time.
Arraignment Hearing
At the arraignment hearing, the defendant is formally notified of the criminal charges. The judge reads the charges and the defendant is asked to enter a plea of guilty, not guilty, or no contest. Most defense attorneys advise their clients to plead not guilty to allow time to examine the evidence and prepare a defense. The judge may also set conditions for your release.
Navigating the Legal Journey
After the initial arraignment, the legal journey for a criminal case begins. A person charged with a criminal misdemeanor will proceed through several stages, from pretrial meetings to a potential trial. Each step offers an opportunity to resolve the criminal charge.
Pleading Guilty or Not Guilty
Entering a plea is a significant decision with serious ramifications. A plea of not guilty preserves your right to a trial and forces the criminal prosecution to prove the case against you. A guilty plea, however, bypasses a trial and moves directly to sentencing. An individual who pleads guilty to a DUI or simple assault may receive a lesser penalty as part of a plea bargain.
The Purpose of Pretrial Conferences
Pretrial conferences serve as a forum for the defense attorney and the prosecutor to meet and discuss the criminal offense. They can explore options for a plea bargain, where the criminal charge might be reduced. Discussions may also center on evidence, discovery, and any issues that need to be resolved before a jury trial.
- Discuss plea bargain options.
- Sharing evidence between both parties.
- Settling disputes over legal procedures.
When Your Case Goes to Trial
If a plea agreement cannot be reached, the criminal case will proceed to a jury trial. The prosecution must prove guilt beyond a reasonable doubt. The defense has the opportunity to present its case and challenge the evidence. A jury or judge will ultimately decide the verdict – guilty or not guilty.
Potential Penalties and Sentencing
A conviction for a criminal misdemeanor brings consequences that extend beyond the courtroom. A person could be sentenced to a variety of penalties depending on the nature of the criminal offense and their past criminal record. It is a misconception that misdemeanor charges, like a traffic violation or petty theft, will not result in jail time.
The Fines and Jail Time You Could Face
In Washington, a simple misdemeanor can lead to a fine of up to $1,000 and up to 90 days in a county jail. A gross misdemeanor includes crimes like drunk driving or domestic battery. Punishments can be fines up to $5,000 and jail time of up to 364 days.
The Role of Probation and Community Service
Judges have discretion to order alternatives to jail time. Probation is a form of court supervision that allows an individual to serve their sentence in the community, often with strict conditions. A sentence might require:
- Regular check-ins with a probation officer.
- Completing community service hours.
- Attending substance abuse counseling or other treatment programs.
When Jail Time Is Not Required
For some criminal offenses, a judge may not impose any jail time. A person with no prior criminal record, for example, may be sentenced to probation, fines, or community service instead of time in a jail facility. A well-presented defense can also result in alternative sentencing options.
Misdemeanor Offenses You Should Know About
Washington State law covers a broad spectrum of criminal offenses. A person can face misdemeanor charges for a wide variety of acts, from minor violations to acts of domestic violence. Being familiar with some of the more common criminal charges can help you avoid unexpected legal trouble.
Common Misdemeanors in Washington State
Some of the most frequent misdemeanor cases include:
- Petty theft: This typically involves theft of property valued under a certain amount.
- Simple assault: An intentional act that causes fear of harm or a non-felony physical assault.
- Drunk driving (DUI): A gross misdemeanor with serious consequences, including mandatory jail time.
- Reckless driving: Operating a vehicle with willful disregard for the safety of others.
Other charges may involve public intoxication, property damage, or unlawful possession of a weapon.
Misdemeanors That Could Become Felonies
A misdemeanor charge can be elevated to a felony based on the circumstances of the case, a person’s criminal record, or the degree of harm caused. An assault resulting in bodily injury, for example, could be prosecuted as a felony if the injury is severe. Repeated convictions for the same misdemeanor, such as reckless driving or a theft crime, could also lead to felony charges.
Statute of Limitations for a Misdemeanor
The statute of limitations sets a deadline for how long a criminal prosecution has to file a criminal case. A criminal charge for a gross misdemeanor must be filed within two years of the offense. For a simple misdemeanor, the statute of limitations is one year. If charges are not filed within this timeframe, the case may be dismissed.
Find a Reliable Defense for Your Case
Facing a criminal charge can be an overwhelming experience, and having a reliable defense is paramount. Whether you hire a private criminal defense attorney or receive a public defender, skilled legal counsel is your best asset in the courtroom.
The Benefits of Hiring a Criminal Defense Attorney
A private criminal defense attorney can offer personalized attention to your case. They often have more time to investigate the criminal offense, analyze evidence, and prepare a strong defense strategy. They are particularly beneficial for complex cases, such as a DUI or a possession of a controlled substance charge. A private lawyer can negotiate with the criminal prosecution to seek a favorable plea deal or prepare for a jury trial.
When a Public Defender is the Right Choice
A public defender is a skilled criminal defense lawyer. The court assigns one to people who cannot pay for a private lawyer. Public defenders are experts in criminal law and are familiar with the local court system. For many misdemeanor cases, they provide excellent representation, ensuring your civil rights are protected.
- Public defenders are often highly experienced.
- They are specialists in the local criminal law system.
- They ensure that everyone, regardless of income, has legal representation.
Exploring Alternative Sentencing Options
A criminal defense attorney can also help a person explore alternative sentencing options. For some misdemeanor charges, a judge may be willing to offer a sentence that does not include jail time in a county jail facility. Options include community service, probation, or joining specific treatment programs. Your lawyer will be able to advise you on what options may be available for your specific criminal offense.
Table: The Vacating Process in Washington State
| Step | Description |
| Determine Eligibility | Ensure you meet specific criteria, such as having no pending criminal charges and completing all sentence terms. The waiting period depends on the type of misdemeanor. |
| File a Motion | Submit a Motion to Vacate a Conviction to the court where you were sentenced. You will need to provide court documents and proof of compliance. |
| Serve the Prosecutor | You must formally serve a copy of the motion and a Notice of Hearing to the prosecuting attorney’s office at least 14 days before your court date. |
| Attend the Hearing | Appear at the scheduled hearing where the judge will review your motion and decide whether to grant the vacation. Your attorney can attend on your behalf. |
| Update Records | If the court grants your motion, the order is sent to the Washington State Patrol. A criminal record will show the conviction was “vacated.” |
Frequently Asked Questions
1. What is the difference between Class A and Class B misdemeanors?
A Class A misdemeanor is more severe, with penalties of up to a year in jail, while a Class B misdemeanor carries a maximum sentence of 180 days.
2. Can a DUI or DWI charge be classified as a misdemeanor?
Yes, a DUI or DWI is typically classified as a gross misdemeanor in Washington state. However, subsequent offenses or aggravating factors can elevate the criminal charge.
3. Are all theft crimes considered misdemeanors?
No, the classification of theft crimes depends on the value of the stolen property. Grand theft, for example, is a felony, whereas petty theft is a misdemeanor.
4. Is aggravated assault a misdemeanor?
No, aggravated assault is generally a felony. A less severe form of assault, known as simple assault, is a misdemeanor.
5. How are misdemeanor drug laws applied?
Misdemeanor drug laws typically apply to minor possession offenses. More serious charges, such as drug distribution, are usually felonies.
6. What is a Class C misdemeanor?
A Class C misdemeanor is the least severe classification. A person charged with a Class C misdemeanor may only face fines, with no jail time.
7. Can a person get a criminal charge for Child Endangerment?
Yes, Child Endangerment can be a criminal charge. In many jurisdictions, it can be a misdemeanor or felony, depending on the severity of the act.
Conclusion
A misdemeanor charge is a serious legal matter in Washington state. A criminal record can affect your life for years to come. Do not leave your future to chance. Consult with a qualified attorney to create a personalized plan to fight your criminal charge.
