The distinction between a misdemeanor and a felony in Washington State is more consequential than most people realize. It's not just about jail vs. prison โ it affects your criminal record permanently, your right to own firearms, your ability to vote, your eligibility for certain jobs, and your immigration status.
Washington's Criminal Classifications
Misdemeanors
Simple Misdemeanor: Maximum 90 days in jail and $1,000 fine. Examples: minor traffic offenses, simple assault (some), criminal trespass 2nd degree.
Gross Misdemeanor: Maximum 364 days in jail and $5,000 fine. Examples: DUI (first offense), theft under $750, assault 4th degree, reckless driving. The term "gross" is a legal designation โ it does not mean the crime was particularly serious in common usage.
Felonies
Class C Felony: Up to 5 years in prison and $10,000 fine. Examples: assault 3rd degree, theft 2nd degree, many drug offenses.
Class B Felony: Up to 10 years in prison and $20,000 fine. Examples: robbery 1st degree, assault 2nd degree, trafficking in stolen property.
Class A Felony: Up to life in prison and $50,000 fine. Examples: murder, rape, assault 1st degree, kidnapping 1st degree.
Consequences Beyond the Sentence
Firearm Rights
Any felony conviction permanently revokes your right to possess a firearm under both Washington and federal law. Domestic violence misdemeanors also trigger federal firearm prohibition under 18 U.S.C. ยง 922(g)(9). This is one of the most serious collateral consequences of a criminal conviction.
Voting Rights
In Washington, felony offenders lose voting rights during incarceration and supervision. Rights are automatically restored upon completion of sentence โ but a felony on your record is a permanent barrier to certain employment and licensing.
Professional Licensing
Many professional licenses โ healthcare, law, real estate, security โ require disclosure of criminal history. Felony convictions can disqualify applicants. Even gross misdemeanors can affect licensing decisions.
Why the Classification Matters for Your Defense
The charge initially filed by prosecutors is often not the charge that matters in the end. Experienced defense attorneys negotiate charge reductions โ from felony to gross misdemeanor, or from gross misdemeanor to misdemeanor โ that preserve critical rights like firearm ownership and professional licensing eligibility. This is why the initial charge should never be accepted without a fight.
