A misdemeanor in Washington State is a criminal offense that carries up to 90 days in county jail and a $1,000 fine, or up to 364 days and a $5,000 fine if it is classified as a gross misdemeanor. Washington sorts every crime into one of three categories — felony, gross misdemeanor, or misdemeanor — and misdemeanors sit at the lower end. They still produce a criminal record, and some convictions carry consequences that outlast the sentence itself, including firearm restrictions and immigration problems.
The Two Tiers and What Each One Costs
Washington law draws the line by maximum sentence length. A felony allows imprisonment for more than one year. A gross misdemeanor allows more than 90 days but no more than 364 days. A simple misdemeanor allows no more than 90 days.1Washington State Legislature. Washington Code 9A.04.040 – Classes of Crimes
A gross misdemeanor conviction carries up to 364 days in county jail, a fine of up to $5,000, or both.2Washington State Legislature. Washington Code 9A.20.021 – Maximum Sentences for Crimes Committed July 1, 1984 The 364-day cap is deliberate. Washington lowered it from 365 days in 2011 to soften federal immigration consequences for noncitizens, since federal law treats a one-year sentence more harshly than a 364-day one.
A simple misdemeanor carries up to 90 days in jail, a fine of up to $1,000, or both. For offenses with no specific penalty written into the statute, those same 90-day and $1,000 limits apply by default.3Washington State Legislature. RCW 9.92.030 – Punishment of Misdemeanor When Not Fixed by Statute
Which Offenses Fall Into Each Tier
Common gross misdemeanors include:
- Driving under the influence. A first or second DUI is a gross misdemeanor. It becomes a class B felony with three or more prior offenses in 15 years, or with a prior conviction for vehicular homicide or vehicular assault while impaired.4Washington State Legislature. RCW 46.61.502 – Driving Under the Influence
- Assault in the fourth degree, the lowest assault charge. It can be elevated to a class C felony when it involves domestic violence against an intimate partner and the defendant has two or more qualifying prior DV convictions within ten years.5Washington State Legislature. RCW 9A.36.041 – Assault in the Fourth Degree
- Theft in the third degree, meaning property or services worth $750 or less.6Washington State Legislature. RCW 9A.56.050 – Theft in the Third Degree
Several gross misdemeanors can jump to felony charges when prior convictions or domestic violence allegations are in the mix. A charge that looks manageable on paper can turn far more serious once a history is pulled.
Simple misdemeanors are the least severe criminal offenses in the state. Examples include disorderly conduct, which covers abusive language that intentionally creates a risk of assault, intentionally disrupting a lawful assembly, or intentionally blocking traffic without authority,7Washington State Legislature. RCW 9A.84.030 – Disorderly Conduct and criminal trespass in the second degree, which covers knowingly entering or remaining on someone else’s property without permission when the property isn’t a building.8Washington State Legislature. RCW 9A.52.080 – Criminal Trespass in the Second Degree
How This Differs From Felonies and Infractions
Felonies carry potential imprisonment for more than one year in state prison, not county jail, and bring steeper long-term consequences for employment and civil rights. Infractions are not crimes at all. They are civil violations such as parking tickets or minor speeding citations, carry no jail time, and do not create a criminal record.
The jail-versus-prison line matters in practice. County jails hold people serving misdemeanor sentences and those awaiting trial. State prisons hold people serving felony sentences. Even a gross misdemeanor with a 364-day sentence is served in county jail.
How Long Prosecutors Have to File
The state has a limited window to bring charges. For a simple misdemeanor, prosecutors must file within one year of the offense. For a gross misdemeanor, they have two years.9Justia Law. Washington Code 9A.04.080 – Limitation of Actions The clock generally starts on the date the offense was committed, not when it was discovered. If the deadline passes with no charges filed, the case cannot be prosecuted.
When Police Can Arrest for a Misdemeanor
Arrest rules for misdemeanors differ from felony rules. For a felony, probable cause is enough for an on-the-spot arrest. For a misdemeanor or gross misdemeanor, the general rule is that the officer must witness the offense in order to make a warrantless arrest.10Washington State Legislature. RCW 10.31.100 – Arrest Without Warrant
The exceptions are significant. Officers can arrest without a warrant, even without witnessing the offense, when the misdemeanor involves physical harm or threats of harm to a person or property, unlawful taking of property, or criminal trespass. Domestic violence situations go further: officers are required to arrest when they have probable cause to believe someone violated a protection order or committed domestic violence.
Consequences Beyond Jail and Fines
The sentence is only part of what follows a conviction. Courts can impose probation with conditions such as check-ins, travel restrictions, and drug or alcohol testing. DUI and domestic violence cases commonly bring mandatory counseling or treatment. Judges can order community service.
Court costs are also on the table. Washington allows courts to impose costs specifically incurred in prosecuting the defendant, but defendants who are indigent at sentencing cannot be ordered to pay costs at all. Incarceration costs, if assessed, are capped at $100 per day, and courts can reduce or waive these amounts for hardship.11Washington State Legislature. RCW 10.01.160 – Costs – What Constitutes – Payment by Defendant
Firearm Restrictions
This is the consequence that catches people off guard. Washington prohibits firearm possession after conviction for specific misdemeanor and gross misdemeanor offenses, including domestic violence offenses, stalking, harassment, fourth-degree assault against a family member or intimate partner, and violations of protection orders.12Washington State Legislature. RCW 9.41.040 – Unlawful Possession of Firearms – Penalties Possessing a firearm after one of these convictions is itself a crime, unlawful possession of a firearm in the second degree. Federal law adds another layer: under 18 U.S.C. § 922(g)(9), any misdemeanor conviction for domestic violence prohibits firearm possession nationwide, regardless of state law.
Immigration Consequences
For noncitizens, a misdemeanor conviction can trigger deportation proceedings or block a path to legal status. The 364-day cap on gross misdemeanors was built to help avoid the harshest federal consequences, which attach at a one-year sentence. Convictions that qualify as a “crime involving moral turpitude” under federal immigration law, such as theft, can still cause problems. Drug-related misdemeanor convictions, even for something as minor as paraphernalia possession, trigger federal inadmissibility and deportation grounds.13Washington Courts. Chapter Four – Washington State Crimes and the Grounds of Deportability and Inadmissibility Anyone without U.S. citizenship should consult an immigration attorney before entering any plea on a misdemeanor charge.
Clearing a Past Misdemeanor From Your Record
Washington lets people apply to vacate certain misdemeanor and gross misdemeanor convictions. A vacated conviction lets you withdraw a guilty plea or sets aside a guilty verdict, and the court dismisses the case.14Washington State Legislature. Washington Code 9.96.060 – Vacating Records of Conviction for Misdemeanor and Gross Misdemeanor
The waiting periods and bars are strict:
- Most misdemeanors and gross misdemeanors require a wait of at least three years after release from supervision, confinement, or the sentencing date, whichever is latest.
- Domestic violence offenses require five years after completing all sentence conditions, including treatment, though financial obligations don’t count against the clock.
- DUI and physical control offenses cannot be vacated.
- Sex offenses and violent offenses cannot be vacated.
You also can’t apply if you have pending criminal charges in any court, or if you’ve been convicted of a new crime in the three years before your application. Even when every requirement is met, vacation remains at the court’s discretion. For people who qualify, it is one of the most effective ways to move past a misdemeanor conviction.