Washington Crimes: Laws & Penalties
First off, it’s important to know that Washington divides crimes into two main categories -misdemeanors and felonies. Misdemeanors are the less serious offenses, while felonies are the big ones that can land you in prison for a long time. Let’s take a closer look at each:
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Misdemeanors in Washington
Misdemeanors are further divided into two classes:
- Simple Misdemeanors – These are the least serious crimes, punishable by up to 90 days in jail and a maximum fine of $1,000. Some examples include:
- Disorderly conduct
- Shoplifting
- Trespassing
- Simple possession of marijuana
- Gross Misdemeanors – A step up in severity, gross misdemeanors can get you up to 364 days in jail and a fine of up to $5,000. Common examples are:
- DUI (first offense)
- Reckless driving
- Theft (property valued at $750 or less)
- Stalking
The exact sentence you face for a misdemeanor depends on the specific crime, the circumstances, and your criminal history. In some cases, the judge may order alternatives to jail time, like probation, community service, or substance abuse treatment.
Felonies in Washington
Now let‘s talk about the heavy hitters. Washington has three classes of felonies, ranging from bad to worst:
- Class C Felonies – The least serious felonies, Class C offenses are still major crimes. They carry a maximum sentence of 5 years in prison and a $10,000 fine. Examples include:
- Theft (property valued between $750-$5000)
- Possession of stolen property
- Assault in the third degree
- Promoting prostitution
- Class B Felonies – These are very serious crimes punishable by up to 10 years in prison and a $20,000 fine. Some Class B felonies are:
- Residential burglary
- Theft of a firearm
- Robbery in the second degree
- Vehicular homicide
- Class A Felonies – The most severe crimes in Washington, Class A felonies can result in life in prison and a $50,000 fine. Murder, rape, kidnapping, and arson in the first degree all fall under this category.
But the class of felony is just one factor in determining the sentence. Washington uses sentencing guidelines that take into account the offense’s “seriousness level” and the offender’s criminal history. There are 16 seriousness levels, each with its own sentencing range. For example, theft of property valued over $5000 but less than $25,000 is a Class B felony with a seriousness level of II. For a first-time offender, the standard sentencing range would be 0-90 days in jail. But with a more extensive criminal history, that same offense could land you in prison for 2-5 years!
The Legal Process for Criminal Cases
Alright, so now you know the difference between misdemeanors and felonies. But what actually happens when someone is accused of a crime in Washington? Well, it goes something like this:
- Arrest and Booking – After an arrest, the suspect is taken to jail for booking. This is where they take your fingerprints, mugshot, and enter your information into the system.
- Charges Filed – For felonies, the prosecutor has 72 hours after booking to file formal charges. For misdemeanors, charges must be filed within 48 hours or the suspect is released.
- Arraignment – This is the suspect’s first appearance in court. The charges are read, and they enter an initial plea (guilty, not guilty, or no contest). Bail and other pre-trial conditions are also set at this hearing.
- Plea Bargaining – In many cases, the defense attorney and prosecutor will negotiate a plea deal. This usually involves the defendant pleading guilty in exchange for reduced charges or a lighter sentence. Over 90% of criminal cases are resolved this way.
- Trial – If no plea deal is reached, the case goes to trial. Misdemeanor trials are heard by a judge, while felony trials have a jury. The prosecution must prove guilt “beyond a reasonable doubt” for a conviction.
- Sentencing – If the defendant is found guilty, the judge will impose a sentence based on the crime’s severity and the offender’s history. For some first-time and non-violent offenses, the judge may choose an alternative like the First Time Offender Waiver or Drug Offender Sentencing Alternative that focuses on rehabilitation over punishment.
Alternatives to Incarceration
Speaking of alternatives, Washington has been a leader in implementing programs aimed at reducing recidivism and promoting positive change. Some options for eligible offenders include:
- Work Release – Serving the sentence in a residential facility while holding a job in the community.
- Electronic Home Monitoring (EHM) – Serving the sentence at home while being monitored by GPS.
- Community Service – Unpaid work for non-profit or government agencies in lieu of jail time.
- Substance Abuse Treatment – Court-ordered treatment programs for offenders with drug or alcohol issues.
- Mental Health Court – Specialized court that provides treatment and supervision for offenders with mental illnesses.
These alternatives aren’t available in every case, but they show a shift in thinking from pure punishment to rehabilitation and reintegration.
Collateral Consequences of a Criminal Conviction
Even after you’ve served your time, a criminal conviction can follow you and make life difficult. Some of the ways a criminal record can impact you include:
- Employment – Many employers ask about criminal history on job applications. While it’s illegal to have a blanket ban on hiring felons, a conviction can still put you at a disadvantage, especially for jobs requiring a professional license or security clearance.
- Housing – Landlords often run background checks on potential tenants. With a criminal record, finding housing can be a real challenge.
- Education – If you’re applying to college or for financial aid, you may have to disclose your criminal history. Some schools have policies against admitting students with certain convictions.
- Civil Rights – Felons lose their right to vote, serve on a jury, and possess firearms, even after completing their sentence. In Washington, voting rights are automatically restored upon release, but gun rights require a separate petition to the court.
- Immigration – For non-citizens, certain convictions can lead to deportation proceedings, even for green card holders.
The best way to avoid these consequences is, of course, to stay out of trouble in the first place. But if you do find yourself facing charges, it’s crucial to have an experienced criminal defense attorney on your side. They can help you understand your options, negotiate with prosecutors, and fight for the best possible outcome.
Expunging or Sealing Criminal Records in Washington
Now, what if you have an old conviction that‘s still haunting you? In some cases, you may be able to have your record expunged or sealed. Here’s how it works:
- Expungement – In Washington, this is called “vacating” a conviction. If granted, the conviction is removed from your record and you can legally say you have not been convicted of that crime. However, it doesn’t completely erase the arrest or court records. Eligibility depends on the offense and how much time has passed.
- Sealing – If a conviction can’t be vacated, you might be able to have the records sealed. This means the public can’t access them, but they still exist and can be seen by law enforcement and the courts. Again, eligibility varies based on the crime and your history.
The process for both usually involves filing a petition with the court and attending a hearing. The judge will consider factors like the seriousness of the offense, your behavior since the conviction, and the potential impact on public safety. It’s a good idea to have an attorney help you with this, as the laws can be complex.Even if you get a conviction vacated or sealed, it’s not a total clean slate. The records may still show up on certain background checks, like those for jobs requiring a government security clearance. And if you‘re ever charged with another crime, the sealed record can still be used against you in court.