Penalties for a Gross Misdemeanor When Not Fixed by Statute (RCW 9.92.020)

RCW 9.92.020 Punishment of gross misdemeanor when not fixed by statute.

Every person convicted of a gross misdemeanor for which no punishment is prescribed in any statute in force at the time of conviction and sentence, shall be punished by imprisonment in the county jail for a maximum term fixed by the court of up to three hundred sixty-four days, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.

So the worst you can get is almost a year in jail and $5000 fine which, as any experienced lawyer will tell you that unless you have a bad record, is not likely to happen. But wait, there’s more!

Padilla v. Kentucky and State V. Sandoval hold that a competent attorney must advise his/her client about “collateral consequences.” “Collateral Consequences” means everything from a potential employer will see your criminal record to immigration may deport you over the offense to Canada will not let you cross the border with certain convictions. Now there are all kinds of things that can affect you because of that pesky petty offense. Are you feeling the need to hire your own lawyer yet?

Considering all of this, it may be worth it to spend thousands of dollars on your own lawyer to defend against the theft of the little $5 item. Because the long-term, even life-long, ramifications of a conviction to your employment and housing can be devastating. Do not compound your small bad decision with a big one. Hire The Law Offices of Smith & White, PLLC, to get your case dismissed.