Spokane Misdemeanor Lawyer

Misdemeanors in Washington State

Washington has two types of misdemeanors: simple and gross misdemeanors.

Simple Misdemeanors can include:

• Petty theft: Taking property valued under $750, not including firearms or motor vehicles.
• Disorderly conduct: Actions that disrupt public order, such as fighting or obstructing traffic.
• First-time DUI: Driving under the influence with a blood alcohol content between .08% and .15%.
• Trespassing 2nd degree: Knowingly entering or remaining unlawfully on someone else's property without causing damage.
• Driving without a license (1st offense): Operating a vehicle without a valid driver's license.
• Public intoxication: Being visibly intoxicated in a public place in a manner that causes safety concerns.
• Minor in possession of alcohol: Underage possession, consumption, or acquisition of alcoholic beverages.

Penalties for simple misdemeanors can include jail time of up to 90 days and/or fines of up to $1,000. You also may face probation with conditions that must be followed as set forth by the court. 

Gross Misdemeanors are more serious and can include but are not limited to:

• Shoplifting goods valued between $750 and $5,000: Non-felony theft within this range.
• Assault in the 4^th degree: Non-aggravated physical attack or threat of harm.
• DUI with high BAC or prior offenses: Driving under the influence with a blood alcohol content over .15% or with previous DUI convictions.
• Malicious mischief 3rd degree: Knowingly causing physical damage to someone else's property valued at $750 or less.
• Violation of a No-Contact Order: Disobeying the terms of a court order that prohibits contact with another person.
• Driving with a suspended license 1st Degree: Operating a vehicle when your license is suspended or revoked due to a conviction for DUI or other serious offenses.
• Reckless driving: Driving with willful or wanton disregard for the safety of persons or property.
• Harassment: Threatening to cause bodily injury to another person, to damage someone’s property, or to perform any other act intended to substantially harm the other person’s physical or mental health or safety.

Penalties for gross misdemeanors can include jail time of up to a year and/or fines of up to $5,000. 

Penalties for misdemeanors and gross misdemeanors are determined based on the severity of the offense and your criminal history. Factors such as aggravating circumstances, the defendant’s cooperative behavior with law enforcement, and the impact on victims are also considered. 

Depending on the nature of the crime, the court may also impose probation, community service, mandatory treatment programs, or protective orders for both misdemeanors and gross misdemeanors.

Common Defenses Against Misdemeanor Charges 

Defending against misdemeanor charges in Washington State involves various strategies that depend on the specifics of the case, the type of misdemeanor, and the evidence presented. 

Misdemeanors in Washington can include offenses such as petty theft, simple assault, DUI, trespassing, and disorderly conduct. Here are some common defenses that may be used:

• Lack of Evidence: The prosecution must prove the defendant's guilt beyond a reasonable doubt. If there is insufficient evidence to support the charges, the defense can argue that the case should be dismissed.
• Mistaken Identity: If the defendant was not the person who committed the alleged offense, they can argue mistaken identity. This defense is particularly relevant in cases where the crime was committed by someone else and the defendant was wrongly identified as the perpetrator.
• Alibi: An alibi defense involves providing evidence that the defendant was somewhere else when the alleged crime occurred. Witness testimony, surveillance footage, or other evidence can support an alibi.
• Self-Defense: In cases of assault or similar charges, the defendant might argue that they acted in self-defense. This defense requires showing that the defendant reasonably believed they were in imminent danger and used force only to protect themselves.
• Defense of Others or Property: Similar to self-defense, this defense involves protecting another person or property. The defendant must show that their actions were necessary and reasonable under the circumstances.
• Consent: In some cases, such as certain assault charges, the defendant might argue that the alleged victim consented to the conduct. This defense is more challenging but can be relevant in specific scenarios.
• Entrapment: If law enforcement induced the defendant to commit a crime they would not have otherwise committed, the defendant can argue entrapment. This defense requires showing that the police's actions were overly persuasive or coercive.
• Constitutional Violations: The defense can argue that the defendant's constitutional rights were violated during the investigation or arrest. Common issues include unlawful search and seizure (Fourth Amendment), lack of Miranda warnings (Fifth Amendment), or denial of the right to counsel (Sixth Amendment).
• Mental Incapacity: If the defendant was not mentally capable of understanding their actions or distinguishing right from wrong at the time of the offense, they might raise a defense of mental incapacity or insanity.
• Duress or Coercion: The defendant can argue that they committed the offense under duress or coercion, meaning they were forced to do so under threat of harm. This defense requires showing that the threat was immediate and significant.
• Involuntary Intoxication: If the defendant was involuntarily intoxicated and unable to understand their actions, they might use this as a defense. This typically involves situations where the defendant was drugged without their knowledge.
• Procedural Errors: The defense can challenge procedural errors made by law enforcement or prosecutors, such as mishandling evidence, failing to follow proper arrest procedures, or filing charges incorrectly.
• Statute of Limitations: If the misdemeanor charge was filed after the statute of limitations expired, the defense can argue that the case should be dismissed. In Washington State, the statute of limitations for most misdemeanors is two years.

Each defense strategy must be tailored to the specifics of the case, and it is crucial to have an experienced criminal defense attorney who understands Washington State laws and can effectively advocate on behalf of the defendant.