Misdemeanor

In Washington state, misdemeanors are criminal offenses that are considered less severe than felonies. However, they still carry serious legal consequences if convicted. These include jail time, fines, probation, and other penalties, depending on the specifics of your exact offense.

Understanding the laws around misdemeanors in Washington and why it’s important to have a skilled criminal defense attorney on your side is a good first step if you find yourself facing these kinds of charges, as they can help ensure the best possible outcome for your case. A criminal conviction can have long-lasting effects on your personal life, employment opportunities, and even your reputation. With years of experience handling these complex criminal cases, our attorneys are equipped to help you navigate the legal system.

We have a proven track record of successfully defending our clients throughout Western Washington. So whether you’re facing charges related to theft, assault, drug possession, or driving offenses, our team can help.

Misdemeanor Laws in Washington

Washington state categorizes crimes into three classes of misdemeanors (RCW 9A.20.021): Class A, Class B, and Class C. Class A misdemeanors are the most serious and can carry penalties of up to one year in jail and a fine of up to $5,000.

Class B misdemeanors are less severe and often result in penalties of up to 90 days in jail and a fine of $1,000. Lastly, Class C misdemeanors are the least severe and result in penalties of up to 90 days in jail and a fine of $500.

Some common misdemeanor offenses in Washington state include:

• Assault (RCW 9A.36): This involves physical harm or the threat of harm to another person. A simple assault (like pushing or slapping) can be classified as a misdemeanor.
• Theft (RCW 9A.56.050): Petty theft or theft in the third degree, which usually involves stealing property worth $750 or less, is considered a Class C misdemeanor. It is punishable by up to 90 days in jail and a fine.
• Drug Possession (RCW 69.50.4013): Possessing small amounts of controlled substances for personal use can result in misdemeanor charges under drug possession laws.
• Reckless Driving (RCW 46.61.500): Reckless driving and other driving offenses can be charged as a misdemeanor if the driver is found to be operating their vehicle in a way that endangers other people or property. Driving while your license is suspended (RCW 9.91.020) is also classified as a misdemeanor, and the penalties range from fines to jail time.
• Disorderly Conduct (RCW 9A.84.030): This involves actions like public intoxication, fighting, or disturbing the peace. It is a simple misdemeanor charge that can result in fines or up to 90 days in jail.
• Prostitution (RCW 9A.88.030): This is also considered a misdemeanor offense, which covers solicitation of prostitution and the act of engaging in prostitution.
• Domestic Violence (RCW 10.99): Some domestic violence-related offenses are also considered misdemeanors, including domestic violence assault (RCW 9A.36.041) and other related offenses.

For example, underRCW 9A.36.021, assault in the fourth degree is defined as intentional touching that causes fear of harm or harm to another individual. It’s a gross misdemeanor that can result in up to 364 days in jail and/or a fine of up to $5,000.

Each statute we discussed outlines the category of misdemeanors and the penalties commonly associated with them. Aggravating factors like repeat offenses or involvement in domestic violence can also increase these penalties.

Defenses to Misdemeanor Charges in Washington

If you are facing misdemeanor charges in Washington, your criminal defense attorney can raise several different defenses in your case.

• Lack of Evidence: The attorney can argue that the prosecution can’t prove that you committed the crime beyond a reasonable doubt.
• Self-Defense: In assault cases, your attorney can claim you acted in self-defense.
• Mistaken Identity: Your attorney can argue that you were misidentified as the one who committed the crime.
• Illegal Search and Seizure: Evidence obtained through an illegal search or seizure may be inadmissible in court.

In some cases, if you are convicted of misdemeanor offenses, your attorney can seek to expunge or seal your criminal records. Washington law allows the possibility of record sealing in the case of certain misdemeanors, especially if you have completed your sentence successfully and remained a law-abiding citizen.

Why You Need a Criminal Defense Attorney in Washington for Misdemeanor Charges

If you are facing criminal charges, whether for a misdemeanor, felony, or any other offense, hiring a criminal defense attorney is essential for protecting your rights and ensuring you receive a fair trial.

Criminal charges, even for seemingly minor offenses, can have significant consequences ranging from fines and probation to jail time and a permanent criminal record. A qualified criminal defense lawyer will provide expertise, representation, and advocacy to help you navigate the complexities of the legal system.

Knowledge of the Law

Criminal defense attorneys are experts in criminal law. We know and understand the statutes, case law, and legal procedures involved. Because every jurisdiction has its own set of laws and penalties in place, the assistance of a criminal defense attorney will ensure you are treated fairly under those laws.

Protect Your Rights

You also have certain constitutional rights when facing misdemeanor criminal charges, including the right to remain silent, the right to an attorney, and the right to a fair trial. An experienced criminal defense attorney will ensure that these rights are protected throughout the entire process.

We firmly believe that misdemeanor charges can be successfully challenged so you can reach a much more favorable result. We will build a strong defense that keeps you out of jail or minimizes the sentence you may be faced with. Remember, a well-negotiated plea deal can help you avoid more serious penalties, and your criminal defense attorney can help with just that.

A misdemeanor is the lowest form of criminal charge. It is more serious than an infraction but not as serious as a gross misdemeanor or negligent driving 1°.

If you are facing a misdemeanor charge and have questions, don't wait to call us for a free consultation. Our experienced Washington criminal defense lawyers would be happy to answer your questions and help you understand your options.