In Washington State, a misdemeanor is a less serious criminal offense punishable by up to 90 days in jail and a fine, while a gross misdemeanor carries up to 364 days in jail. Felonies are the most serious charges — divided into Class A, B, and C — and can result in years or decades in state prison, along with lifelong consequences like loss of voting rights and the right to own a firearm. The classification of your charge determines which court handles your case, what penalties you face, and how the conviction follows you for the rest of your life.
How Does Washington Classify Criminal Offenses?
Washington law organizes criminal charges into a clear hierarchy: misdemeanors, gross misdemeanors, and felonies. Each tier carries different penalties, is handled in different courts, and produces different long-term consequences for your record. Understanding where your charge falls on that spectrum is the first thing any experienced Spokane criminal defense attorney will look at — because the classification shapes every decision in your case.
What Is a Misdemeanor in Washington?
A standard misdemeanor is the lowest-level criminal offense under Washington law. Examples include simple assault at the lowest level, trespassing, and minor traffic-related offenses. The maximum penalty for a misdemeanor is 90 days in jail and a $1,000 fine. These cases are handled in District Court or Municipal Court, not Superior Court.
One step up is the gross misdemeanor, which is still below felony level but carries significantly heavier exposure: up to 364 days in jail and up to a $5,000 fine. Many charges Spokane residents encounter fall into this category — including first-offense DUI, fourth-degree assault (domestic violence), reckless driving, and theft of property under a certain value. Do not let the word “misdemeanor” lull you into complacency. A gross misdemeanor conviction can cost you your job, your housing, your professional license, and your immigration status.
What Is a Felony in Washington?
Felonies are the most serious criminal charges in Washington and are heard in Spokane County Superior Court. Washington divides felonies into three classes:
- Class A Felony: The most serious category, including crimes like murder, rape, and robbery. Class A felonies carry a maximum of life in prison and substantial fines. There is no statute of limitations for Class A felonies in Washington.
- Class B Felony: Includes offenses such as assault in the second degree, burglary in the second degree, and many drug delivery crimes. The maximum sentence is ten years in prison.
- Class C Felony: The lowest felony tier, covering crimes such as possession of a controlled substance with intent to deliver in certain circumstances, third-degree assault, and some theft offenses. The maximum sentence is five years in prison.
Importantly, Washington uses a Sentencing Reform Act (SRA) grid system for felonies. Your actual sentence depends on two factors: the seriousness level of the offense and your offender score, which is calculated based on your prior criminal history. Even a Class C felony can carry a mandatory prison term under the grid if your history is significant. Judges have limited discretion to depart from the standard range without specific legal justification.
Which Court Handles Your Case — and Why It Matters
In Spokane, misdemeanors and gross misdemeanors are typically filed in Spokane Municipal Court (for city offenses) or Spokane County District Court (for county offenses). Felonies go to Spokane County Superior Court at 1116 W. Broadway Ave. The procedural rules, judges, prosecution teams, and typical timelines differ significantly between these courts. Knowing the venue tells an attorney a great deal about how the case will move and what leverage exists at each stage.
What Are the Long-Term Consequences Beyond Jail Time?
Criminal convictions in Washington — at any level — can follow you long after you’ve served your sentence. But felony convictions carry the most severe collateral consequences:
- Loss of firearm rights: A felony conviction under Washington and federal law prohibits you from possessing a firearm. This right is not automatically restored.
- Loss of voting rights: Washington restores voting rights upon completion of your sentence and supervision, but the process requires attention.
- Employment and licensing: Many professional licenses — nursing, teaching, contracting, real estate — require background checks. A felony can disqualify you or require disclosure.
- Immigration consequences: For non-citizens, even some gross misdemeanor convictions — and certainly felonies — can trigger deportation, denial of naturalization, or inadmissibility. This is an area where the stakes cannot be overstated.
- Housing: Landlords routinely run criminal background checks. A felony record significantly narrows your housing options.
Gross misdemeanor convictions carry many of these same risks, especially for immigration purposes and professional licensing. Never assume a misdemeanor is consequence-free without consulting an attorney.
Can a Charge Be Reduced from a Felony to a Misdemeanor?
Yes — and in our experience, negotiating a charge reduction is one of the most valuable outcomes a defense attorney can achieve for a client. In Spokane County, prosecutors sometimes agree to amend felony charges to gross misdemeanors as part of a plea resolution, particularly for first-time offenders or where the evidence has weaknesses. This kind of outcome can mean the difference between keeping your rights and losing them permanently. It is not guaranteed, but it is a real and frequently pursued strategy.
If you’ve been arrested or charged in the Spokane area, read our guide on what to do if you’re arrested in Spokane — the decisions you make in the first 24 to 48 hours can significantly affect your case.
What About DUI — Misdemeanor or Felony?
DUI is a common question. In Washington, a first-offense DUI is typically charged as a gross misdemeanor. However, a DUI can be elevated to a felony — sometimes called a “felony DUI” — if certain aggravating factors are present, such as prior DUI convictions within a lookback period or if the incident involved serious injury or death. The penalties and consequences jump dramatically at the felony level. You can learn more about how Washington DUI law works in our post on what happens if you get a DUI in Washington State.
Should You Handle a Misdemeanor Without an Attorney?
People often assume a misdemeanor isn’t serious enough to warrant legal representation. In our experience, this is a costly mistake. A gross misdemeanor conviction is permanent, publicly searchable, and can carry the same immigration, employment, and licensing consequences as a felony in certain situations. An attorney may be able to negotiate a reduced charge, a deferred sentence, or even a dismissal — outcomes that are far harder to reach once you’ve already entered a guilty plea on your own.
This article is general information about Washington criminal law and is not legal advice for your specific situation. Every case is different. If you’ve been charged with a crime in Spokane or Eastern Washington, contact Schwab Law, P.L.L.C. at (509) 795-1894 for a consultation.
Key takeaways
- Washington divides crimes into misdemeanors (up to 90 days jail), gross misdemeanors (up to 364 days jail), and felonies (Class A, B, or C — up to life in prison).
- Felonies are heard in Spokane County Superior Court; misdemeanors are handled in District or Municipal Court.
- A felony conviction in Washington triggers loss of firearm rights, potential loss of voting rights, and serious immigration consequences.
- Washington uses a Sentencing Reform Act grid for felonies — your actual prison term depends on offense seriousness and your prior criminal history.
- Even a gross misdemeanor conviction can affect your immigration status, professional license, and employment — never assume it is consequence-free.
Frequently asked questions
What is a gross misdemeanor in Washington State?
A gross misdemeanor is the most serious misdemeanor-level offense in Washington, carrying up to 364 days in jail and a $5,000 fine. Common examples in Spokane include first-offense DUI, fourth-degree assault, reckless driving, and low-level theft. It is more serious than a standard misdemeanor but still below the felony threshold.
Does a felony conviction in Washington mean you automatically go to prison?
Not necessarily. Washington's Sentencing Reform Act uses a grid that calculates a standard sentence range based on offense seriousness and your criminal history — some low-end ranges fall within what can be served locally or result in community supervision. However, many felony convictions do carry mandatory confinement, and the risk of prison is real and should never be dismissed.
Can a felony charge be reduced to a misdemeanor in Spokane?
Yes, charge reductions are negotiated in Spokane County Superior Court and are a legitimate and frequently pursued defense strategy. Outcomes depend on the specific facts, the strength of the evidence, and your criminal history. An attorney experienced in Eastern Washington courts can assess whether a reduction or amended charge is realistic in your case.
How does a criminal conviction affect gun rights in Washington?
Any felony conviction under Washington or federal law disqualifies you from possessing a firearm, and restoration of that right is not automatic. Certain serious misdemeanor convictions — particularly domestic violence offenses — can also result in loss of firearm rights under federal law. If gun rights are a concern, it is critical to discuss this with your attorney before resolving any charge.
Helpful resources
- Washington State RCW Title 9A — Washington Criminal Code
- Washington Sentencing Reform Act — RCW Chapter 9.94A
- Spokane County Superior Court
- Washington Courts — Court Directory
Have a criminal defense question about your own situation? Learn more about how we can help, or call Schwab Law, P.L.L.C. at (509) 795-1894 for a consultation.
This article is general information about Washington law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every situation is different — for advice about your specific circumstances, please consult a licensed Washington attorney.
