Criminal Defense

Spokane Criminal Defense Attorney

A Spokane criminal defense attorney at Schwab Law can step in from the moment of arrest — challenging how evidence was gathered, whether your rights were respected, and whether the State can prove every element of the charge. We defend misdemeanors, gross misdemeanors and felonies in Spokane County, and our goal in every case is a dismissal.

Being charged with a crime in Spokane is frightening, and the fear is rarely just about jail. It is about the job that runs background checks, the apartment application, the professional license, the custody case, and what your family will think. Those consequences are real, and they are why the right criminal defense lawyer matters from the very first week.

An arrest is not a conviction. The State has to prove its case beyond a reasonable doubt, using evidence it gathered lawfully — and that is a higher bar than most people realize. Our job is to hold the prosecution to it.

Schwab Law defends clients across Spokane County, from citations in municipal and district court through felony matters in Superior Court. If you have been arrested or believe you are under investigation, the most valuable thing you can do is talk to a criminal defense attorney before you talk to anyone else.

How are criminal charges classified in Washington?

Washington sorts crimes into three tiers, and the tier drives almost everything else — which court hears the case, what penalties are possible, and how long the consequences follow you. These are the statutory maximums under RCW 9A.20.021; what a judge actually imposes depends on the facts, your history, and the quality of the defense.

Classification Maximum jail or prison Maximum fine Court
Misdemeanor 90 days $1,000 District or municipal court
Gross misdemeanor 364 days $5,000 District or municipal court
Class C felony 5 years $10,000 Superior Court
Class B felony 10 years $20,000 Superior Court
Class A felony Life $50,000 Superior Court

Statutory maximums under RCW 9A.20.021. Most DUI, domestic violence and theft charges are gross misdemeanors. Felonies are sentenced under the Sentencing Reform Act, which uses the offense seriousness level and your criminal history to produce a standard range.

Felonies are filed in Spokane County Superior Court and sentenced under Washington's Sentencing Reform Act, which uses the seriousness of the offense and your criminal history to produce a standard range. Misdemeanors and gross misdemeanors are handled in district or municipal court.

What criminal charges does Schwab Law defend?

Our criminal defense practice covers the charges that most often affect otherwise law-abiding people, as well as serious felony allegations:

  • Domestic violence allegations, including no-contact order issues
  • Assault — from fourth-degree assault to felony assault charges
  • DUI, physical control, and other alcohol- and drug-related driving offenses
  • Drug possession, possession with intent, and delivery
  • Theft, shoplifting, and property crimes
  • Violations of protection orders and no-contact orders
  • Malicious mischief, trespass, and disorderly conduct
  • Probation violations and failure-to-appear warrants

What happens after an arrest in Spokane?

Most cases follow a recognizable path, and knowing it takes some of the fear out of the process. After an arrest you are booked, and the court decides conditions of release — which may include bail, a no-contact order, or a prohibition on alcohol or firearms. At arraignment you are formally told the charges and enter a plea; almost everyone pleads not guilty at this stage, because that is what preserves your rights while the defense reviews the evidence.

From there the case moves through pretrial hearings while your attorney obtains discovery — police reports, body-camera and dash-camera footage, 911 audio, lab results, and witness statements. This is where cases are often won: not with courtroom theatrics, but by finding the traffic stop that lacked reasonable suspicion, the search that lacked a warrant or a valid exception, the interrogation that continued after a request for counsel, or the lab procedure that was not followed.

If there is a legal defect, we file motions to suppress the evidence or dismiss the charge. If the case must be resolved, we negotiate from the strongest position the facts allow. And if the State cannot prove its case, we are prepared to try it.

How is a criminal defense built?

Every case gets the same foundational review before we talk about outcomes:

Was the stop or contact lawful?

Officers need legal justification to stop, detain, frisk, or search. When that justification is missing or unsupported by the record, the evidence that followed may be suppressed — and a case can collapse without it.

Were your constitutional rights respected?

Statements taken in violation of Miranda, or after you asked for a lawyer, may be inadmissible. So may evidence from a search that exceeded the scope of consent or a warrant.

Can the State prove every element?

A charge is not one accusation but a list of elements, and the prosecution must prove each one beyond a reasonable doubt. Identity, intent, possession, and the credibility of a single witness are all frequently contestable.

What resolution actually protects your future?

Sometimes the fight is about the charge; sometimes it is about the consequence. A reduction to a non-disqualifying offense, a deferred disposition, or a sentence without a conviction on a background check can matter more to your life than the number of days on paper.

What are the consequences of a criminal conviction?

People underestimate this part, and it is often the reason to fight a charge that looks minor. Beyond jail and fines, a conviction can affect:

  • Employment — most employers run background checks, and some fields disqualify applicants outright
  • Professional licenses — nursing, education, real estate, insurance, commercial driving and more
  • Housing — landlords screen applicants and can decline based on a record
  • Firearm rights — certain convictions, including some domestic violence offenses, prohibit possession
  • Immigration status — for non-citizens, some convictions carry severe consequences, including removal
  • Family law — allegations can be raised in a custody or parenting plan dispute
  • Travel — Canada, on Spokane's doorstep, can deny entry to people with certain convictions

Can a Washington conviction be cleared later?

Sometimes. Washington allows some misdemeanor and gross misdemeanor convictions to be vacated under RCW 9.96.060 once waiting periods are met and other conditions are satisfied, and certain felonies may be vacated under separate provisions. Vacating a conviction changes how it appears on your record and can make a real difference in employment.

But the rules exclude several offenses — DUI convictions in particular are not eligible — and pending charges or new convictions can disqualify you. That is precisely why the outcome you accept today matters: an attorney who is thinking about your record five years from now will fight differently than one focused only on closing the file.

Why does local experience matter in Spokane County courts?

Criminal practice is local. Charging patterns, diversion opportunities, how a particular court handles motion practice, and which resolutions prosecutors will actually consider vary between Spokane Municipal Court, Spokane County District Court, and Superior Court. We practice in these courts, and we use what we know about how they work to your advantage.

Frequently asked questions

What should I do if I'm charged with a crime in Spokane?

Politely decline to discuss the facts and ask for a lawyer. You are not required to explain yourself to police, and people frequently harm their own cases trying to talk their way out of an arrest. Then contact a criminal defense attorney before your first court date.

Should I talk to the police if I think I can clear things up?

It is almost never in your interest. Officers are permitted to build a case from what you say, and statements made without counsel — even innocent ones — are routinely used to establish elements of an offense. You can be polite and still decline.

What's the difference between a misdemeanor and a felony in Washington?

Misdemeanors carry up to 90 days in jail and gross misdemeanors up to 364 days, both in county jail and handled in district or municipal court. Felonies are prosecuted in Superior Court and carry potential prison time — up to five years for a class C, ten for a class B, and up to life for a class A.

Can my charge be dismissed?

It happens. Dismissal may follow when a stop or search was unlawful, when your rights were violated, when key evidence is suppressed, or when the State simply cannot prove an element of the offense. We pursue dismissal wherever the facts support it, and we tell you honestly when they do not.

Do I really need a lawyer for a misdemeanor?

A gross misdemeanor in Washington carries up to 364 days in jail, and the record consequences can outlast the sentence by years. Even when jail is unlikely, having counsel often changes what the resolution looks like on a future background check.

How much does a criminal defense attorney cost in Spokane?

It depends on the charge and whether the case resolves early or goes to trial. We discuss fees openly in the consultation so you can make an informed decision before committing to anything.

Ready to talk through your situation?

Reach a Schwab Law attorney in Spokane today.

Visit Schwab Law

Schwab Law, P.L.L.C. Office 1402 W. Broadway Ave.
Spokane, WA 99201
Phone (509) 795-1894 Email Email Hours Mon–Fri, 8:30 AM – 5:00 PM Secondary Office 103 E Indiana Ave, Suite A
Spokane, WA 99207 · (509) 903-6362

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