Washington Law

Misdemeanor vs. Felony in Washington State: The Complete Guide

JB
Janet Bergstrom
Criminal Defense Attorney ยท 2025-01-22

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.

Frequently Asked Questions

Can a felony be reduced to a misdemeanor in Washington? โ–พ
Yes, through plea negotiations or charge amendments. Common reductions include assault 2nd to assault 4th, felony drug charges to misdemeanor possession, and theft 2nd to theft 3rd. The availability depends on the facts and the prosecutor's position.
Can a misdemeanor be expunged in Washington? โ–พ
Washington doesn't use the term expungement โ€” it's called 'vacation.' Most gross misdemeanors can be vacated after 3 years if conditions are met. DUI and domestic violence misdemeanors are excluded.
Does a misdemeanor show up on a background check? โ–พ
Yes. Both misdemeanors and felonies appear on standard background checks in Washington. The impact on employment depends on the employer and the nature of the offense.

Questions About Your Case?

Free consultation โ€” available 24/7.

๐Ÿ“ž Call (206) 555-0194