Is Domestic Violence a Felony or Misdemeanor in Washington?

Domestic violence isn’t one specific charge in Washington, but rather specific criminal conduct against an intimate partner or family or household member, according to RCW 10.99.020(4). Sometimes, these offenses are misdemeanors or gross misdemeanors, while other times, domestic violence offenses are charged as felonies.

One of the most common domestic violence offenses in Washington is assault in the fourth degree, which is generally charged as a gross misdemeanor upon the first arrest. Stalking, reckless endangerment, and coercion are also often charged as gross misdemeanors. Domestic violence offenses are typically charged as felonies, include unlawful imprisonment, kidnapping, and rape of an intimate partner or family member.

For help with your case from our Tacoma, WA domestic violence defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.

What Domestic Violence Offenses Are Misdemeanors in Washington?

Some of the most common domestic violence-related charges are misdemeanors or gross misdemeanors in Washington. Misdemeanors still carry financial, reputational, and other consequences for defendants, so call us if you are arrested for a misdemeanor domestic violence offense.

For example, assault in the fourth degree against an intimate partner or household member is considered domestic violence and generally charged as a gross misdemeanor.

Coercion is another common domestic violence offense when committed against an intimate partner or family member, and is also charged as a gross misdemeanor, according to 9A.36.070.

Other gross misdemeanor domestic violence offenses include malicious mischief in the third degree, criminal trespass in the first degree, reckless endangerment, and initial stalking charges.

Criminal trespass in the second degree is a misdemeanor, while criminal trespass in the first degree is a gross misdemeanor.

Gross misdemeanors are punishable by up to 364 days in jail, a fine of $5,000, or both. Those convicted of domestic violence-related offenses may also face restrictions from protection or no-contact orders. These orders may prohibit any contact with the victim, returning to a shared home, or coming within a certain distance of the victim or any other members of their household.

What Domestic Violence Offenses Are Felonies in Washington?

Some domestic violence-related offenses are charged as felonies in Washington. This means harsher penalties upon conviction, so never underestimate the severity of the charges against you.

Class C Felonies

Assault in the fourth degree is charged as a class C felony if there are two or more domestic violence convictions within the past ten years. A class C felony conviction carries a possible five-year prison sentence, as well as fines of up to $10,000.

Malicious mischief in the second degree is also a class C felony and involves knowingly or maliciously damaging an intimate partner or household member’s property in an amount of $750.

Unlawful imprisonment is also a class C felony domestic violence charge in Washington.

Class B Felonies

There are also class B felony domestic violence offenses in Washington. Assault in the second degree against an intimate partner or household member is generally a class B felony, unless there is a sexual motivation for the crime, then the charge is enhanced. Other class B felony charges arising from domestic violence disputes include burglary in the second degree, kidnapping in the second degree, unless there is a sexual motivation, and drive-by shootings.

Class B felonies carry a maximum penalty of 10 years in prison. Convicted defendants may also have to pay upwards of $20,000 in fines.

Stalking is charged as a class B felony if the defendant allegedly violated a restraining order, was previously convicted of stalking, or was allegedly armed with a deadly weapon, according to 9A.46.110(5)(b).

Class A Felonies

Domestic violence can lead to class A felony charges as well. Assault in the first degree, burglary in the first degree, kidnapping in the first degree, and rape in the second and first degree are all class A felonies. The maximum penalty for a class A felony conviction for a domestic violence-related charge is life in prison. Judges may also order convicted defendants to pay fines of up to $50,000.

What to Do if You Face Felony or Misdemeanor Charges for Domestic Violence

If you are arrested on felony or misdemeanor domestic violence charges in Washington, call our attorneys immediately. You deserve strong representation, and we can advocate for you throughout a trial.

Call Our Lawyers Immediately After Arrest

Do not talk to the police at all after you are arrested for a domestic violence offense. You may feel compelled to give the police context or explain that you were defending yourself, but you should avoid this. Police officers may use this as an opportunity to get more information out of you, so refrain from speaking with them.

Instead, tell law enforcement you want to call our Washington domestic violence defense attorneys immediately. Having a lawyer is your Sixth Amendment right, so tell us if law enforcement violated this right or any other rights in any way.

Give Us Details About the Charges and the Arrest

Whether a domestic violence offense is charged as a misdemeanor or felony, you want to alleviate or avoid consequences as much as possible. Domestic violence-related convictions might follow defendants for the rest of their lives. The more information you can tell us about the events leading up to the arrest and the arrest itself, the better.

Tell us if law enforcement misunderstood the situation when arriving on the scene and did not arrest the true aggressor, or if the claims made against you are fully unfounded.

Don’t Automatically Accept a Plea Deal

Some defendants facing domestic violence-related charges might accept plea deals, thinking it will put the whole ordeal behind them. Do not automatically accept a plea deal without our lawyers reviewing it, especially if you are innocent of the charges.

Call Us to Discuss Your Domestic Violence Case in Washington

For help with your case from our University Place, WA domestic violence defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.