What Is The Difference Between A Felony, Misdemeanor Or Gross Misdemeanor?

June 12, 2018 Written by Jennifer Witt
Kitsap County Sheriff's Office - Port Orchard Washington Kitsap County Sheriff's Part - Port Orchard Washington Ryan Witt

When potential clients call our office, they generally know what "crime" they've been charged with but they don't always know what that means.

Sometimes, people will have researched plenty to know that there are "maximum penalties" related to the diverse levels of charges. Often, at that place volition be confusion if the person was not arrested but is simply being summonsed to courtroom for a criminal charge. Being arrested at the scene, arrested based on an arrest warrant, or being summoned to court are all methods of securing your presence before the Court. However, for the purposes of this blog postal service, the focus is what actually constitutes a felony, a gross misdemeanor, or a misdemeanor.

In the State of Washington, criminal charges fall into the following basic categories:

RCW 9A.twenty.010

Classification and designation of crimes.

(ane) Classified Felonies.

(a) The item classification of each felony defined in Championship 9A RCW is expressly designated in the department defining information technology.

(b) For purposes of sentencing, classified felonies are designated as one of three classes, as follows:

(i) Class A felony; or

(two) Grade B felony; or

(iii) Course C felony.

(ii) Misdemeanors and Gross Misdemeanors.

(a) Whatsoever law-breaking punishable past a fine of not more than than chiliad dollars, or by imprisonment in a county jail for not more ninety days, or by both such fine and imprisonment is a misdemeanor. Whenever the performance of whatsoever act is prohibited by any statute, and no penalisation for the violation of such statute is imposed, the committing of such act shall be a misdemeanor.

(b) All crimes other than felonies and misdemeanors are gross misdemeanors.

A felony level accuse is the most serious criminal charge. Diverse carry tin can result in a felony level charge. Obviously, murder, robbery, assaults where a weapon is used, or distribution of drugs would be charged every bit a felony but other, less serious crimes, can get a felony-level charge based on the circumstance. For case, if you are cited for DUI and also crusade an accident, it will likely be charged as a misdemeanor. Withal, if the accident results is serious injury, you might be charged later with a felony once the Prosecutor checks on the status of the victims.

Assaults charges also vary significantly based on the circumstances as well as the victim. If you assault your family member by shoving her, you could be charged with Attack four-DV (domestic violence). Notwithstanding, if you threaten the person with a pocketknife, y'all would be charged with a felony-level assail. If the person is your roommate, your charge will include a domestic violence (DV) classification. If the person is a stranger, there will be no reference to DV.

Theft charges are classified as misdemeanors or felonies depending on the value of the detail or items that were stolen. So, as yous can see, the charging of a criminal offence is not articulate cut. Even if you were originally charged with a misdemeanor, upon investigation by the Prosecutor, your charges might increase to a felony or multiple felonies. And, although less common, the Prosecutor can also reduce charges from a felony to a misdemeanor.

To understand whether a crime is a felony, gross misdemeanor, or a misdemeanor, y'all must expect at Chapter 9A of the RCW to look up each specific crime. For example, if you look up RCW 9A.56 on Theft and Robbery, you will find all classifications of theft that a Prosecutor could charge under various circumstances. Whether you stole your neighbour's moo-cow or a grocery cart, there is a specific accuse for these actions. This chapter will provide definitions of each crime and whether it amounts to a felony, gross misdemeanor, or misdemeanor.

We tin't emphasize plenty that this data is very general. It is not legal advice and cannot substitute for legal counsel with regard to your unique situation. Nonetheless, if yous read below, you will find some general guidelines with regard to maximum sentences. It is important to understand that charges are merely charges. A conviction or a plea is what really dictates your judgement. Additionally, these are guidelines and neither the Judge nor the Prosecutor must seek the maximum judgement. In DUI cases, it would be extremely unusual to be sentenced to 90 days in jail (we've never seen it or heard of it happening on a showtime criminal offence). However, those days could exist suspended and, in that instance, y'all would only spend the remaining days of that sentence in jail if yous fail to comply with your plea or re-offend with another DUI.

Here are the maximum penalties for the previously listed categories:

RCW 9a.20.021

Maximum sentences for crimes committed July 1, 1984, and later on.

(i) Felony. Unless a unlike maximum sentence for a classified felony is specifically established by a statute of this state, no person bedevilled of a classified felony shall be punished by confinement or fine exceeding the following:

(a) For a form A felony, by solitude in a state correctional institution for a term of life imprisonment, or by a fine in an corporeality fixed by the court of l k dollars, or past both such solitude and fine;

(b) For a class B felony, by confinement in a country correctional institution for a term of 10 years, or by a fine in an amount fixed by the court of twenty thousand dollars, or past both such solitude and fine;

(c) For a class C felony, by confinement in a land correctional institution for five years, or by a fine in an amount fixed by the court of 10 thousand dollars, or by both such confinement and fine.

(2) Gross misdemeanor. Every person convicted of a gross misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of up to three hundred sixty-four days, or by a fine in an amount fixed by the court of not more than v thousand dollars, or past both such imprisonment and fine.

(iii) Misdemeanor. Every person convicted of a misdemeanor defined in Championship 9A RCW shall be punished by imprisonment in the canton jail for a maximum term stock-still by the courtroom of not more than than 90 days, or by a fine in an corporeality fixed by the court of not more than one g dollars, or by both such imprisonment and fine.

(4) This section applies to only those crimes committed on or after July 1, 1984.

(5) The fines in this department employ to adult offenders just.

You can also await at the State Sentencing Guidelines for further description. Yet, information technology is of import to notation that, unless you sympathize all aspects of sentencing (including offender score, etc.), you may notice this overwhelming and disruptive. Familiarizing yourself with aspects of the criminal justice system, criminal charges, and sentencing tin can be helpful for general information just it is no substitute for legal communication. Every defendant, every criminal charge, and every sentence is unique.

If you or someone you know is facing a criminal accuse, consult with a criminal defense attorney. At Witt Police force Group PS, nosotros ever offering a costless consultation and then you tin discuss the private circumstances surrounding your accuse. If we can help, give the states a call or contact us via our website.  Nosotros have offices in GIg Harbor and Bremerton for your convenience.