Washington Gross Misdemeanor Sentencing Calculator

Question 1

What is a gross misdemeanor in Washington State?

Accepted Answer

A gross misdemeanor is an offense more serious than a simple misdemeanor but less severe than a felony. It carries a maximum penalty of up to 364 days in jail and a fine up to $5,000 under RCW 9A.20.021.

Common examples include DUI, assault in the fourth degree, theft in the second degree, and criminal trespass in the first degree. The classification depends on the specific circumstances and statutory requirements of each offense.

Question 2

How long is jail time for a gross misdemeanor in Washington?

Accepted Answer

The statutory maximum is 364 days, but judges often impose shorter terms depending on the case, prior history, and mitigating factors.

Typical sentencing ranges:

First offense: Often probation, community service, or 30-90 days jail
Repeat offense: 60-180 days jail, sometimes more
With aggravating factors: 120-364 days jail

The actual sentence depends on the specific facts of your case, your criminal history, and the judge's discretion within the statutory limits.

Question 3

Can a gross misdemeanor be cleared from your record in Washington?

Accepted Answer

Yes. Under RCW 9.96.060, you may be able to vacate a gross misdemeanor after 3 years if all conditions are met: no new convictions, all fines/fees/restitution paid, and completion of probation.

Eligibility requirements:

3 years since completion of all sentence terms
No new arrests or convictions
All fines, fees, and restitution paid
Certain offenses (domestic violence, sex-related) are not eligible

The waiting period starts from the later of: sentence completion date or fine payment date.

Question 4

How much is the fine for a gross misdemeanor in Washington?

Accepted Answer

The maximum fine is $5,000, though the actual amount depends on the case details and sentencing conditions.

Typical fine ranges:

First offense: $1,000-$2,500
Repeat offense: $2,500-$5,000
With aggravating factors: $3,000-$5,000

Additional costs may include court fees, victim restitution, and other assessments. The total financial impact often exceeds the base fine amount.

Question 5

Does a DUI count as a gross misdemeanor in Washington?

Accepted Answer

Yes. Most first-offense DUIs in Washington are classified as gross misdemeanors, punishable by up to 364 days in jail and a $5,000 fine, unless aggravating circumstances elevate them to a felony.

DUI as gross misdemeanor:

First DUI offense (no priors within 7 years)
Second DUI offense (if no prior within 7 years)
Third DUI offense (if no priors within 7 years)

Felony DUI circumstances:

Fourth DUI offense within 10 years
DUI with serious bodily injury
DUI with death (vehicular homicide)

For detailed DUI sentencing information, consult the Washington State Courts DUI Sentencing Grid.

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Frequently Asked Questions

What is a gross misdemeanor in Washington State?

How long is jail time for a gross misdemeanor in Washington?

Can a gross misdemeanor be cleared from your record in Washington?

How much is the fine for a gross misdemeanor in Washington?

Does a DUI count as a gross misdemeanor in Washington?

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