How Washington Classifies Misdemeanors vs Gross Misdemeanors

If you’ve been charged with a misdemeanor in Washington, you may be wondering what the difference is between a “misdemeanor” and a “gross misdemeanor.” While both are considered less serious than a felony, they still carry jail time, fines, and long-term consequences. Understanding these classifications can help you know your rights and what steps to take next.

What Is a Misdemeanor?

A misdemeanor in Washington is punishable by up to 90 days in jail, a $1,000 fine, or both. These offenses are generally considered less severe and include charges like disorderly conduct, shoplifting small items, and certain driving offenses. Even though the punishment may seem minor, a misdemeanor conviction can still affect your job, housing, and ability to pass background checks.

What Is a Gross Misdemeanor?

Gross misdemeanors are more serious than regular misdemeanors and are punishable by up to 364 days in jail, a $5,000 fine, or both. Common examples in Washington include DUI, fourth-degree domestic violence assault, and violation of a protection order. These charges often come with additional requirements, such as probation, mandatory treatment, or a loss of firearm rights.

Why the Difference Matters

The classification of the offense impacts how prosecutors handle your case, what plea deals are available, and what kinds of penalties you could face. A gross misdemeanor may result in more aggressive prosecution and can carry more serious collateral consequences, especially for repeat offenders or those charged with violent conduct.

Will You Go to Jail?

Not always. Many first-time offenders qualify for alternatives like probation, deferred sentencing, or diversion programs. However, some gross misdemeanors—especially those involving DUI or domestic violence—carry mandatory jail time and longer probation terms. A judge has discretion in sentencing, but certain offenses trigger enhanced penalties.

What Should You Do Next?

If you’ve been charged with either type of misdemeanor in Washington, it’s important to take the case seriously. Even if you’re not facing felony charges, the outcome can affect your life for years to come. An experienced attorney can help you evaluate defenses, explore alternatives to jail, and work to protect your record. Charged with a misdemeanor in Clark County or anywhere in Southwest Washington? The Law Office of Erin Bradley McAleer is here to help. Call today for a confidential consultation and find out how we can protect your future.