Gross Misdemeanors

You’ve heard of misdemeanors, and you’ve also probably heard of a gross misdemeanor. They have similar concepts and even a similar term, but what is the main difference? Perhaps you’ve also learned that you could stand to spend almost a year in prison coupled with a hefty fine. This is primary information, so what does a gross misdemeanor entail, particularly in the context of Kennewick, Washington state misdemeanors?

A gross misdemeanor is the third lowest offense that is considered a crime, and below it is a misdemeanor. Sitting right above it is a felony, the gravest crime category. Those distinctions were made by the Washington State Legislature. If you are facing gross misdemeanor charges, you could benefit from a dedicated Kennewick gross misdemeanor attorney.

Quick Summary:

• Gross misdemeanors are criminal offenses slightly more severe than misdemeanors but less serious than felonies, leading to heavier penalties. They cover actions such as drunk driving, aggravated assault, and repeated stalking, which are considered significant but fall short of felony-level severity. This distinction ensures that gross misdemeanors carry substantial legal consequences without the lifelong ramifications associated with felonies.
• Misdemeanors are minor infractions typically resulting in penalties under a year in jail, such as petty theft or minor traffic violations. Gross misdemeanors occupy a middle ground, with penalties including up to a year in jail and larger fines, covering offenses like driving under the influence and more serious theft cases. Felonies represent the most severe category, involving crimes such as murder and armed robbery, with punishments often exceeding a year in prison and lasting legal repercussions.
• In Washington State, gross misdemeanors may lead to a maximum of 364 days in county jail or fines up to $5,000 for certain offenses. This legal framework ensures consistency in the classification and punishment of gross misdemeanors across the state, providing clarity for both offenders and legal authorities.
• Examples of gross misdemeanors include driving under the influence, reckless driving, theft, hit and run, domestic violence, and repeated stalking. These offenses are serious enough to warrant significant legal consequences, potentially affecting various aspects of an individual’s life. Yet, they remain distinct from felonies in terms of severity and long-term impact.
• Washington law sets time limits for charging someone with a crime, detailed in Section 9A.04.080 of the Revised Code of Washington. For gross misdemeanors like DUI and fourth-degree assault, charges must be filed within two years of the crime. Once charges are filed, the state has specific time limits to bring the case to trial, and the case can stay open indefinitely if a valid warrant is issued. If charges are filed after the statute of limitations expires, the case must be dismissed, and this rule cannot be waived by the defendant.

What is a Gross Misdemeanor?

Gross misdemeanors are criminal offenses slightly more severe than misdemeanors that usually call for heavier penalties. State laws have varying definitions of gross misdemeanor, but generally, they include offenses such as drunk driving, aggravating assault, and repeated behavior such as stalking. Despite their serious nature, it is still to a lesser degree than a felony.

What is the Difference Between Misdemeanors, Gross Misdemeanors, and Felonies?

Understanding the different classifications of crimes is essential for grasping the legal system and its implications. Crimes are generally categorized into misdemeanors, gross misdemeanors, and felonies, each with varying degrees of severity and corresponding penalties.

• Misdemeanors: These are the least severe types of criminal offenses. Misdemeanors typically result in less than a year of jail time, fines, or community service. Common examples include petty theft, disorderly conduct, and minor traffic violations.
• Gross Misdemeanors: Gross misdemeanors fall between misdemeanors and felonies in terms of severity. They carry harsher penalties than regular misdemeanors, including up to a year in jail and larger fines. Examples of gross misdemeanors include driving under the influence, certain cases of reckless driving, and more serious theft offenses. In specific jurisdictions like Kennewick, Washington, gross misdemeanors are distinct legal categories with particular penalties.
• Felonies: Felonies are the most serious type of crimes and carry the most severe punishments. Felonies can result in more than a year of imprisonment, substantial fines, and long-term consequences such as losing voting rights and difficulty finding employment. Examples of felonies include murder, rape, and armed robbery.

How Does Washington Define Gross Misdemeanor?

According to the Washington State Legislature, every person convicted of a gross misdemeanor for which there isn’t a prescribed punishment must be punished by imprisonment in the county jail. This is a fixed term of 364 days or a fine dictated by the court of no more than five thousand dollars.

What Constitutes a Gross Misdemeanor?

Understanding the distinctions and examples of gross misdemeanors is crucial, especially when considering specific contexts such as Kennewick, Washington state misdemeanors. Examples include, but are not limited to:

• Driving Under the Influence: Driving under the influence constitutes driving a vehicle under the influence of alcohol or illicit substances. Depending on each state, the general rule is that you shouldn’t be caught with a blood alcohol content above the required limit. Penalties for drunk driving vary from fines to confiscation of driving licenses.
• Reckless Driving: Reckless driving is typically considered a misdemeanor, depending on each state, though some can charge you with a gross misdemeanor. Reckless driving involves speeding, distracted driving, driving without headlights at night, speed racing, and more. The penalties for reckless driving include a $50-$1000 fine and/or jail time.
• Theft: Theft sometimes goes by the name larceny, which involves stealing or taking away someone’s property without permission. There are many kinds of theft, such as petty theft, grand theft, shoplifting, and others.
• Hit and Run: Hit and run constitutes being involved in a deadly accident with the driver failing to stop at the scene of the accident, provide identification, or offer assistance to those harmed. Hit and run that has resulted in death can lead to the charge becoming a felony.
• Domestic Violence: Domestic violence is described as acts of harm done by one person to another whom they cohabitate with. Domestic violence can manifest in many ways, not just the most obvious physical abuse. It can also take shape in other forms, such as emotional abuse, sexual abuse, and more.
• Repeated Stalking: Repeated stalking or any repeated behaviors in terms of harassment is considered a gross misdemeanor. Repeated stalking consists of unwanted messages, following, repeated vandalism, and other repeated, unwanted behaviors that put the victim in fear for their safety.

Does a Gross Misdemeanor Show Up on Your Criminal Record?

Your criminal record is a document that shows your past convictions and charges. Depending on the act committed, a criminal record usually impacts an individual’s life significantly, such as getting a house or employment. Gross misdemeanor convictions appear on the criminal record unless expungement is performed, and these convictions will also appear on background checks. 

An expungement is an option if you wish to have this gross misdemeanor conviction removed. The rules vary depending on the state you’re in, but the requirements include a request to expunge the record, fulfilling conditions required for expungement, and being outside the waiting period.

What is the Statute of Limitations on Gross Misdemeanor?

Washington law has a time limit for how long someone can be charged with a crime after it happens. These rules are in section 9A.04.080 of the Revised Code of Washington. The statute of limitations only applies to how long the state has to file charges. Once charges are filed, the state has specific time limits to bring the case to trial, known as speedy trial rules. If charges are filed on time and a valid warrant is issued, the case can stay open indefinitely. The time limit for filing is paused if the defendant leaves the state.

For gross misdemeanors, like DUI, fourth-degree assault, and third-degree theft, charges must be filed within two years of the crime. Hoping a charge will go away if you wait does not work. If you have a warrant, you should contact an attorney to help you deal with it. If charges are filed after the statute of limitations has expired, the case must be dismissed. This rule cannot be waived by the defendant.

Why Do I Need a Gross Misdemeanor Attorney in Kennewick, Washington?

If you are facing gross misdemeanor charges for DUI or domestic violence, know that you still have rights as a defendant. You have the right to defend yourself and have your side of the story heard. All this would be possible in court with the help of a Kennewick gross misdemeanor attorney from McBurney Law. For this hurdle in life, you need the most dedicated gross misdemeanor attorney in your corner. 

For starters, the attorney at our law firm can provide you with a whole array of legal services during this difficult time. It’s an asset to understand criminal defense lawyers when faced with charges that’ll help you make informed decisions about your Kennewick, Washington state misdemeanors case. 

A credible Kennewick gross misdemeanor attorney can:

• Build your legal defense
• Navigate jury selection
• Negotiate bargains
• Advocate for you at trial or sentencing

Facing criminal charges for gross misdemeanor cases such as domestic violence calls for a Kennewick criminal defense lawyer. They have represented clients for years and can help secure a favorable outcome for you, such as a lesser sentence. If you need an experienced criminal defense attorney, contact McBurney Law now!

Call our Gross Misdemeanor Attorney in Kennewick, WA, Now!

Gross misdemeanors might be more severe than an infraction and a misdemeanor, but they are still not as serious as a felony. Nonetheless, these convictions appear on your criminal record and could leave a mark on future opportunities such as employment. Even if you are the defendant, you still have the right to protect yourself. Having a gross misdemeanor attorney in Kennewick, Washington, is one step toward reaching the best possible outcome. 

Get in touch with a gross misdemeanor attorney from McBurney Law right now. Having a gross misdemeanor attorney with heaps of knowledge and insight in criminal law can help you understand your situation better and allow you to comprehend the events. Our criminal defense lawyer will be your reliable advocate till the end. You deserve a chance to defend yourself and be heard. Book an appointment with McBurney Law right now!