Misdemeanor vs. Gross Misdemeanor in Washington State

People often mistakenly believe they don’t have to worry about criminal defense strategy if they’ve been accused of a crime that is “only” a misdemeanor. However, a conviction for any type of crime can cause serious difficulties in the future, and that is particularly the case when it comes to offenses categorized as gross misdemeanors.

What’s the difference between a misdemeanor and a gross misdemeanor? In simple terms, it comes down to the severity of the crime and the potential penalties for a conviction. With over 30 years of experience defending people against all types of accusations, Burke Brown Attorneys, PLLC understands the factors that cause an offense to be prosecuted as a gross or “simple” misdemeanor and how to secure the best outcomes for our clients regardless of the situation. Let’s take a look at misdemeanors and gross misdemeanors and what the distinctions can mean for you.

Defining Misdemeanors

A crime occurs in Washington State when someone violates a criminal law or ordinance. Washington State divides crimes into three categories: misdemeanors, gross misdemeanors, and felonies. Misdemeanors are the least severe criminal offenses while felonies are the most severe, and gross misdemeanors fall in the middle range.

Penalties

The maximum penalty that can be assessed for a crime is one key factor that determines whether the crime is a misdemeanor, gross misdemeanor, or felony. If the maximum sentence for a crime consists of imprisonment for not more than 90 days in a county jail and a fine of no more than $1,000, then the crime is classified as a misdemeanor under RCW 9A.20.010.

An adult convicted of a misdemeanor offense may be required to pay a fine of any amount up to $1,000, serve up to 90 days in jail, or both. However, the court has options outside of these traditional penalties, and a knowledgeable defense attorney can often persuade the judge to encourage rehabilitation with a less severe penalty such as counseling, community service, restitution, or probation.

Examples of Misdemeanors in Washington State

Some of the most commonly-charged misdemeanor offenses in Washington State include:

  • Disorderly conduct
  • Prostitution and patronizing a prostitute
  • Failure to disperse
  • Criminal trespass (second degree)
  • Indecent exposure
  • Resisting arrest

Although someone convicted may face a minimal fine, period of probation, or possibly a relatively short term in jail, the long-term effects of having a conviction on your record are often much more substantial. A conviction is visible to anyone who conducts a background check, including potential employers, lenders, business partners, and landlords. This mark on your record can make people reluctant to trust you. When you work with an attorney who can litigate or negotiate for an outcome that does not leave a conviction on your record, you protect your future.

Defining Gross Misdemeanors

The Washington State criminal code describes gross misdemeanors as “[a]l crimes other than felonies and misdemeanors.” They are offenses that are seen as serious wrongdoing that fall just short of a felony.

Penalties

When someone is convicted of a gross misdemeanor, RCW 9A.20.021 specifies that they can be sentenced to as much as 364 days of imprisonment in jail or a fine of up to $5,000 or both. In other words, if you are found guilty of a gross misdemeanor, you can spend up to nearly a year in jail. It becomes extremely crucial to focus on a defense strategy that includes efforts to not only defend your case but also lead to the imposition of consequences that are less harmful in the long term, such as probation.

Examples of Gross Misdemeanors

Many different types of crimes are classified as gross misdemeanors, including non-violent offenses such as third-degree theft and defacing a public building with graffiti, which is known more formally as malicious mischief in the third degree. Other gross misdemeanors include:

  • Assault in the 4th degree
  • Harassment
  • Violating a no-contact order
  • Obstructing a police officer
  • Driving under the influence

A slight change in circumstance can often turn a gross misdemeanor into a felony. For instance, if the value of stolen property crosses the $750 mark, then theft becomes a class C felony.

Why the Distinction Matters

A gross misdemeanor is a more serious offense, and the consequences of having a conviction on your record can have greater negative implications. A conviction for a gross misdemeanor may not be eligible to be vacated, particularly if the offense was violent, or involved driving under the influence or certain forms of sexual exploitation. A gross misdemeanor may be more likely to be treated as a crime of moral turpitude which can affect immigration status. 

People often find it more difficult to overlook a gross misdemeanor than a misdemeanor, and that can make them reluctant to trust you far into the future.

It is important to develop a thoughtful defense strategy any time criminal accusations arise, but particularly when you have been charged with a gross misdemeanor. Your attorney might recommend that it is wise to have a jury decide the question of guilt or innocence. 

The plea or settlement arrangements that may be available could be substantially different. An experienced criminal defense attorney can explain the options in your case, provide guidance about the best way to proceed, and advocate effectively to achieve the most favorable outcome for your situation.

If You’re Facing a Charge of a Gross Misdemeanor or Misdemeanor in Washington State, Burke Brown Attorneys PLLC Can Protect Your Future

One accusation against you can destroy your life—unlike you, who have dedicated and knowledgeable legal advisors fighting to protect your rights and your future. At Burke Brown Attorneys, PLLC, we take an approach to defense that is both creative and thorough. We work to secure the best outcome based on your personal needs and goals. If you’ve been charged with a crime, we invite you to talk to us to learn more about the ways we can put our extensive experience to work for you. Get started by calling us at 206-933-2414, contacting us through our website, or emailing us at team@burkebrown.com.