WASHINGTON STATE
MISDEMEANORS AND FELONIES

A criminal defense attorney is an asset to help you protect your freedom and your record if you have been charged with a felony or misdemeanor. The State of Washington classifies all criminal offenses as misdemeanors or felonies.

traffic violations such as speeding tickets or running a red light are infractions punishable by a fine usually not exceeding $500.00 plus penalty assessments (court costs). No time in jail can be imposed for an infraction.

Misdemeanors are serious offenses. This category of crime includes drunk driving, petty theft, simple assault and possession of marijuana among others. They can be punishable by imprisonment in the county jail for up to one year and a fine up to $5,000.00.

Felonies are much more serious offenses which include theft, robbery, serious assault, possession of and/or sales of drugs and vehicular homicide among others. These crimes can be punishable with significantly higher fines and imprisonment in the state prison for a period of years.

Many sentencing issues, such as restitution to the victim of a crime and alcohol and drug programs can apply to both felonies and misdemeanors. Some crimes (such as theft) can be charged as felonies or misdemeanors.

Misdemeanors in Washington State

Misdemeanors in Washington State are divided into two catagories: Simple Misdemeanors and Gross Misdemeanors. The sentencing scheme for most misdemeanors is typically found within the definition of the specified crime. Many misdemeanors provide for a minimum punishment. For example, a conviction for a DUI requires jail time, alcohol programs and fines. If the crime is defined in the law as a Simple Misdemeanor, but fails to mention a specific punishment, then the maximum jail time is ninety days in Jail and a $1,000.00 fine. If the crime is defined in the law as a Gross Misdemeanor, but fails to mention a specific punishment, then the maximum jail time is 365 days in Jail and a $5,000.00 fine. Often an attorney can convince a judge to not order any jail time on a misdemeanor charge, especially for some "first offense" misdemeanors.

Frequently, it is appropriate for a criminal defense attorney to negotiate a "plea-bargain" or reduction of an offense or compromise on the proposed punishment so as to avoid more serious consequences. In some cases, your criminal defense lawyer can have your case dismissed (shoplifting, assault/battery, trespassing, etc.). A "civil compromise" of a misdemeanor may be possible. These permit a defendant to have a criminal proceeding permanently stayed or dismissed provided the victim of the crime appears before the judge (in person or by declaration) and acknowledges he has received satisfaction for the "injury" and the court agrees to the compromise.

Some offenses (DUI, under the influence of drugs, etc.) may be eligible for "deferred sentence" or "diversion." These provisions permit someone, who has pled guilty or no contest to a DUI or drug charge, to complete an alcohol or drug awareness or treatment program and have the underlying criminal case dismissed after a period of time. However, if the defendant fails to successfully complete the program, the court can impose a jail sentence. See the DUI section of this website from more specific information on DUIs.

If someone is convicted of a misdemeanor the court can either grant or deny probation. If probation is granted, it generally lasts for up to 2 years. However, for the offense of DUI probation may last up to 5 years. The court, in its discretion, could even order that any custody time be served in a home detention (house arrest or electronic-monitoring) program. And if the court imposes a fine, it will often provide for an alternative sentence consisting of community service hours in lieu of a fine.

Lastly, a criminal defense attorney for a defendant may even petition a court to vacate and dismiss a charge from a defendant's criminal history. In such a case, the defendant must have successfully completed the terms and conditions of the sentence and the case must have been closed for three years. The defendant must also establish that he or she is living an honest life and is free of any other subsequent arrest or sentence.

Felony Charges

Felonies are the most serious offenses and require a vigorous criminal defense attorney to represent your interests in the Washington State court system. Washington state law provides three possible terms of imprisonment for felonies: Class C felonies, Class B felonies, and Class A felonies (C to A with A being the most severe). An offender's score is calculated based on the defendant's past criminal history and is used to tabulate a defendant's sentencing range. While a judge is not bound to follow a prosecutor's recommendation, it is assumed the standard sentence range is an appropriate sentence, unless there is a finding that there are exceptional reasons to sentence a defendant outside the standard range. Unless specifically precluded by a statute (depending on the type of crime), a judge can sentence a convicted felon to a grant of probation. Among other things, the court may require the defendant, as a term and condition of probation, to serve local jail time, pay fines, complete community service and pay restitution.

If a defendant is sentenced on a felony he or she may be sent to State Prison or to a Drug Rehabilitation Center if the offender is addicted to drugs. An arrest and conviction can have extremely serious consequences. That's why it is important to choose a criminal defense attorney with a proven record of handling these issues in Washington State.

Theft, Shoplifting & Burglary are Serious Offenses

Any criminal defense attorney will tell you that theft related offenses in Washington State are called by many names. These names include theft, burglary, possession of stolen property, taking of a motor vehicle without permission, unlawful issuance of bank checks, embezzlement, extortion, fraud, etc. Each of these offenses relates to conduct involving the taking property of another without their consent. Some of the offenses are charged depending upon the value of the items taken: (Theft 3 is less than $250.00); their location (residential burglary, shoplifting); how the theft is accomplished (extortion or fraud); the proximity to the victim (robbery); by relationship to the victim (embezzlement); or to the type of item stolen (vehicular theft, identity theft for credit cards etc.).

At times an arrest will be made for theft when there was never any intent to steal. It may be that someone has their hands full and simply places an item in a pocket with every intention of paying for it. But, unfortunately, they simply forget to pay for the item and are arrested for shoplifting. Theft is a crime of "moral turpitude" which may have far reaching ramifications, including denial of both employment and professional licenses, and immigration/deportation issues.

Also, one may be charged with theft without doing the actual taking of property. Under "accomplice liability," prosecutors will charge each individual associated with a criminal act.

Simon Stocker has handled many cases related to theft, DUI, domestic violence, and other felonies and misdemeanors. He understands your feelings and the need for confidentiality. Simon Stocker's experience as a former prosecutor and seasoned defense attorney can be put to work for you.