What Is a Gross Misdemeanor in Washington State?

A gross misdemeanor in Washington state is the middle tier of criminal offense, more serious than a simple misdemeanor but below a felony, punishable by up to 364 days in county jail and a fine of up to $5,000.¹ For some charges, especially DUI and domestic violence, the penalties include mandatory minimums the judge cannot waive and lasting restrictions that outlive the sentence itself.

Where It Sits Between Misdemeanor and Felony

Washington criminal law uses three tiers. A simple misdemeanor, such as disorderly conduct, carries up to 90 days in jail and a $1,000 fine. A felony carries prison time in a state facility and is split into Class A, B, and C grades with structured sentencing. A gross misdemeanor sits between them, with a single statutory maximum of 364 days in jail and a $5,000 fine for every offense in the category.¹

There are no subdivisions within the gross misdemeanor category and no sentencing grid. Judges have broad discretion within the maximum. These cases are heard in district or municipal court rather than superior court, and defendants have the right to a jury trial, legal counsel, and a public defender if they qualify.²

What a Judge Can Impose

The 364-day and $5,000 ceilings are the outer limits. What a judge actually orders depends on the facts, the defendant’s record, and any aggravating or mitigating circumstances. Sentences range from straight jail time to probation, community service, or treatment programs.

Probation on most gross misdemeanors can run up to two years after sentencing. For domestic violence and DUI convictions, the court can impose supervised conditions for up to five years.³ Common probation conditions include substance abuse treatment, counseling, and electronic home monitoring. Violating any condition can lead the court to revoke probation and impose the suspended jail time.

Money adds up beyond the fine. Every gross misdemeanor conviction carries a $500 victim penalty assessment under RCW 7.68.035, along with court costs. If the offense caused someone financial harm, the judge will order restitution based on the victim’s actual losses, and that obligation generally survives bankruptcy.

DUI Carries Mandatory Minimums

DUI is the gross misdemeanor Washington residents encounter most often, and the floor is set by statute. A first-offense DUI with a blood alcohol concentration under 0.15 carries a mandatory minimum of 24 consecutive hours in jail. If the BAC was 0.15 or higher, the minimum doubles to 48 consecutive hours. The maximum remains 364 days. The court can substitute electronic home monitoring for the jail minimum (15 days at the lower BAC, 30 days at the higher) or order enrollment in a 24/7 sobriety monitoring program.⁴

License consequences follow the same split. A BAC under 0.15 triggers a 90-day suspension. A BAC at 0.15 or above results in a one-year revocation. Every DUI conviction requires an ignition interlock device on any vehicle the person drives.⁴ Penalties escalate sharply for prior offenses, and repeat DUIs within a certain window can be charged as felonies.

Domestic Violence Adds Another Layer

When a gross misdemeanor is charged as domestic violence, whether fourth-degree assault, malicious mischief, harassment, or another offense, extra restrictions apply from the first court appearance.

The court can issue a no-contact order barring any communication with the victim, including through third parties, and excluding the defendant from a shared home, workplace, school, or child care facility. The court reviews whether firearms should be surrendered and may order electronic monitoring as a condition of release.⁵

Probation runs up to five years rather than two.³ And federal law imposes a lifetime ban on possessing firearms or ammunition after a conviction for a misdemeanor crime of domestic violence. That prohibition under 18 U.S.C. § 922(g)(9) applies based on the nature of the offense and the relationship between the defendant and victim, not on how Washington classifies the crime.⁶ Many defendants only learn about the federal gun ban long after the case closes.

Fourth-degree assault with domestic violence can also be elevated. When the defendant has two or more prior DV convictions within ten years, the charge becomes a Class C felony.⁷

Common Gross Misdemeanor Charges

Beyond DUI, Washington classifies a wide range of conduct at this level. The most frequently charged include:

Assault in the fourth degree under RCW 9A.36.041, a catch-all assault charge covering conduct that doesn’t rise to first, second, or third degree. It applies to anything from a shove during an argument to a punch in a bar fight.⁷
Reckless driving under RCW 46.61.500, driving with willful or wanton disregard for the safety of people or property. It often appears alongside DUI when officers observe dangerous driving before the stop.⁸
Theft in the third degree under RCW 9A.56.050, taking property or services valued at $750 or less. This covers most shoplifting. Theft above $750 is second-degree theft, a Class C felony.⁹¹⁰
Malicious mischief in the second degree under RCW 9A.48.080, knowingly and maliciously causing more than $750 in property damage. Damage over $5,000 becomes first-degree malicious mischief, a Class B felony.¹¹¹²

Driving with a suspended license, criminal trespass, and certain drug possession offenses also fall into this category. The full list is scattered across multiple chapters of the Revised Code of Washington rather than collected in a single statute.

How the Case Moves

A gross misdemeanor case begins with an arrest or a citation to appear. If arrested, you may be booked into county jail; for less serious offenses, officers sometimes issue a summons instead. At arraignment, the judge reads the charges and you enter a plea. Bail may be set, though many defendants are released on personal recognizance.

During the pretrial phase, the prosecution turns over police reports, witness statements, video, and forensic results through discovery. Defense counsel can file motions to suppress evidence obtained through an unconstitutional search or other procedural violation. Most cases resolve here, usually through a plea to the original or a reduced charge in exchange for a lighter sentence.

If there’s no plea, the case goes to trial in district or municipal court. A jury trial uses a six-person panel that must reach a unanimous verdict, or you can waive the jury and let the judge decide.² The prosecution must prove guilt beyond a reasonable doubt. Sentencing may happen right after a conviction or at a separate hearing.

Consequences After the Sentence Ends

The jail time and fines eventually end. Several consequences don’t.

Employment and Licensing

Background checks routinely surface gross misdemeanor convictions. Washington limits how employers can use criminal history in hiring, but private employers still have significant latitude to turn applicants away based on a conviction. Licensed professions — healthcare, education, law enforcement, financial services — run their own review processes, and a conviction involving dishonesty or violence can result in denial, suspension, or revocation of a license. A DUI creates particular problems for anyone whose job requires driving, especially commercial driver’s license holders.

Housing

Landlords in Washington commonly screen for criminal history. State law requires landlords to notify applicants when a criminal record is the basis for an adverse decision, but it doesn’t prohibit them from weighing convictions.¹³ Violent and drug-related convictions carry the most weight in rental denials. In federally assisted housing, local housing authorities set their own admission policies, and federal rules only mandate outright bans for sex offenders with lifetime registration requirements and people convicted of manufacturing methamphetamine in federally assisted housing.¹⁴

Immigration

For non-citizens, a gross misdemeanor conviction can trigger deportation or block future immigration benefits. Federal immigration law looks at the nature of the offense, not the state label. Crimes of moral turpitude — a category that typically includes fraud, theft, and domestic violence — are the most dangerous. Anyone who is not a U.S. citizen should talk to an immigration attorney before entering any plea, because a conviction that looks minor under state law can permanently damage immigration status.

International Travel

A conviction can also complicate travel to other countries. Canada evaluates admissibility based on how the offense would be classified under Canadian law. DUI is particularly troublesome because Canada reclassified impaired driving as a serious criminal offense in 2018, and a single conviction can mean denial of entry for ten years or longer without special permission.

Clearing a Gross Misdemeanor Later

Washington lets people petition the court to vacate certain gross misdemeanor convictions under RCW 9.96.060. Once vacated, you can legally answer “no” when asked whether you’ve been convicted of that offense.

For most gross misdemeanors, the waiting period is three years after you’ve finished your entire sentence, including jail, probation, and all financial obligations. For domestic violence offenses, the waiting period is five years after all conditions are complete.¹⁵

Several categories can’t be vacated at all:

DUI and related offenses. Convictions under RCW 46.61.502 (driving under the influence) and RCW 46.61.504 (actual physical control while under the influence) are permanently ineligible.
Sex offenses. Any violation of chapters covering obscenity, sexual exploitation of children, or sex offenses is excluded.
Offenses classified as violent under the state’s sentencing guidelines.

You’re also ineligible if you have pending charges in any court, have been convicted of a new crime within three years of your application, or are currently subject to a domestic violence protection order or no-contact order.¹⁵ The permanent exclusion of DUI is worth weighing early: a first-offense DUI will stay on your record for life in Washington, which is why these cases warrant serious legal representation from the start.

1
Washington State Legislature. Washington Code 9A.20.021 – Maximum Sentences for Crimes Committed July 1, 1984, and After
2
Pierce County, WA. Misdemeanors and Gross Misdemeanors
3
Washington State Legislature. Washington Code RCW 3.66.068 – Assessment of Punishment, Suspension or Deferral
4
Washington State Legislature. Washington Code RCW 46.61.5055 – Alcohol and Drug Violators, Penalty Schedule
5
Washington State Legislature. Washington Code RCW 10.99.040 – Duties of Court, No-Contact Order
6
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
7
Washington State Legislature. Washington Code 9A.36.041 – Assault in the Fourth Degree
8
Washington State Legislature. Washington Code RCW 46.61.500 – Reckless Driving, Penalty
9
Washington State Legislature. Washington Code RCW 9A.56.050 – Theft in the Third Degree
10
Washington State Legislature. Washington Code RCW 9A.56.040 – Theft in the Second Degree
11
Washington State Legislature. Washington Code RCW 9A.48.080 – Malicious Mischief in the Second Degree
12
Washington State Legislature. Washington Code RCW 9A.48.070 – Malicious Mischief in the First Degree
13
Washington State Legislature. Washington Code RCW 59.18.257 – Screening of Prospective Tenants, Notice
14
HUD Exchange. Are Applicants with Felonies Banned from Public Housing or Any Other Housing Funded by HUD?
15
Washington State Legislature. Washington Code RCW 9.96.060 – Vacating Records of Conviction for Misdemeanor and Gross Misdemeanor