Misdemeanor Becomes a Felony: Aggravating Factors in Washington Stat

In Washington State, criminal charges are classified as either misdemeanors or felonies, with significant differences in penalties and long-term consequences. While misdemeanors are considered less serious offenses, certain circumstances—known as aggravating factors—can elevate a misdemeanor charge to a felony. Understanding these factors is crucial for anyone facing criminal charges, as they can lead to harsher penalties, longer jail time, and a permanent criminal record.

Common Aggravating Factors That Elevate a Misdemeanor to a Felony

Repeat Offenses – If an individual has prior convictions for the same or similar crimes, prosecutors may seek felony charges. For example, multiple DUI offenses within a certain timeframe can escalate from a misdemeanor to a felony.

Use of a Weapon – A crime that would normally be a misdemeanor, such as assault or theft, can be elevated to a felony if a deadly weapon is involved. Even the mere possession of a firearm or knife during the offense can lead to harsher charges.

Harm to a Vulnerable Victim – Crimes committed against children, the elderly, disabled individuals, or other vulnerable persons may result in felony charges, even if the act itself would typically be considered a misdemeanor.

Domestic Violence Enhancements – Misdemeanor domestic violence charges can become felonies if there is a history of abuse, serious bodily injury, or violations of protection orders.

Substantial Bodily Harm – Assault and battery offenses can be upgraded to felonies if the victim suffers significant injuries, such as broken bones or permanent disfigurement.

Criminal Enterprise or Gang Activity – If a misdemeanor is committed as part of organized criminal activity or gang affiliation, prosecutors may pursue felony charges.

DUI with Aggravating Circumstances – A DUI can be charged as a felony if the driver has multiple prior DUI convictions, causes serious injury or death, or has a suspended license at the time of arrest.

When a misdemeanor is elevated to a felony, the legal consequences become much more severe. Felonies in Washington are categorized into three classes:

  • Class A Felonies – Up to life in prison and fines up to $50,000.
  • Class B Felonies – Up to 10 years in prison and fines up to $20,000.
  • Class C Felonies – Up to 5 years in prison and fines up to $10,000.

Additionally, felony convictions can result in loss of firearm rights, difficulty securing employment, and lifelong consequences.

What to Do If You’re Facing an Upgraded Charge

If you have been charged with a misdemeanor that may be elevated to a felony, it’s critical to seek legal counsel immediately. The Law Office of Erin Bradley McAleer specializes in criminal defense and can help you understand your rights, explore possible defenses, and work to reduce or dismiss charges whenever possible. Call (360) 334-6277 today for a consultation and protect your future.