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

In Washington State, misdemeanors are classified as either simple or gross misdemeanors. A gross misdemeanor is more serious than a simple one, and it often carries harsher penalties. These penalties are sometimes, but not always, explicitly described by statutes. Penalties may be trickier to determine for gross misdemeanors that are not fixed by statute.

Under the law, gross misdemeanors that do not have penalties fixed by statute may be punished at the court’s discretion. Even so, certain guidelines for imposing penalties are described under a statute. The maximum penalty for a gross misdemeanor is 364 days in jail. A judge may impose any jail term up to this limit. Courts may also impose a fine of up to $5,000. While these are maximum penalties, courts have discretion to impose a more lenient penalty.

Call the Law Offices of Smith & White at (253) 203-1645 and start your case with a confidential legal review from our Washington criminal defense lawyers.

How Are Penalties for Gross Misdemeanors Not Fixed by Statute Decided?

Since the penalties for certain gross misdemeanors are not set by statute, the court may have considerable discretion in imposing a sentence. This can be good or bad, depending on the facts surrounding your case.

Possible Penalties

A criminal defendant convicted of a gross misdemeanor for which no statute prescribes penalties may face up to 364 days in jail, a fine of up to $5,000, or both. These are the maximum penalties, and the judge in your case has discretion to impose a more lenient one.

So, the worst you can get is almost a year in jail and a $5,000 fine, which, as any experienced lawyer will tell you, unless you have a bad record, is not likely to happen. But wait, there’s more!

Factors at Sentencing

Since the judge at a sentencing hearing for gross misdemeanors with no fixed penalty has so much discretion, they may turn to mitigating and aggravating factors in your case to decide the final penalty. Aggravating factors will work against you and may sway the judge to impose a penalty closer to the maximum. Mitigating factors make you look good, and our criminal defense lawyers may convince the judge to impose a more lenient penalty.

Common aggravating factors include prior criminal conviction, the present of a weapon, injuries to the victim, and the defendant’s refusal to cooperate with the authorities. Some common mitigating factors include defendants with no criminal history, a showing of honest remorse, and little to no harm or injuries involved in the offense.

What Are “Collateral Consequences” for Gross Misdemeanors?

Not all penalties are prescribed by law or even imposed by the judge at a sentencing hearing. These consequences are often imposed by society and can last long past the end of your actual criminal sentence.

What is a Collateral Consequence?

Padilla v. Kentucky and State V. Sandoval hold that a competent attorney must advise his/her client about “collateral consequences.” Collateral consequences may include everything from a potential employer seeing your criminal record to immigration deporting you over the offense. Some countries may not allow you to cross their borders if you have certain convictions. Now there are all kinds of things that can affect you because of that one conviction.

Collateral Consequences for Gross Misdemeanors with No Fixed Penalties

If you are convicted of a gross misdemeanor, there may be multiple collateral offenses involved, even if no penalties are fixed or prescribed by statute.

Perhaps the biggest collateral consequence is that the conviction will appear on your criminal record and will show up in background checks. People often must go through background checks when applying for new jobs. Some jobs, like those in the government or those involving children, may not hire you if you have any conviction on your record, even if it is only a gross misdemeanor.

You might also face restrictions on certain professional licenses. For example, maintaining a license as a doctor, nurse, attorney, or other professional often requires a clear criminal record. If you are convicted, you could lose your license and have to change careers.

FAQs About Penalties for Gross Misdemeanors that Are Not Fixed by Statute

What Happens if the Penalty for a Gross Misdemeanor is Not Fixed by Statute?

When the penalties for a gross misdemeanor offense are not fixed by statute, it means the statute of the right specific offense does not include specific sentencing requirements. Instead, the court may impose a sentence of up to 364 days in jail, a fine of up to $5,000, or both. Exactly how much time you serve and the value of your fine are up to the judge.

How Do Courts Impose Penalties for Gross Misdemeanors When One is Not Fixed by Statute?

A judge may consider numerous factors surrounding your case when deciding a sentence for a gross misdemeanor when sentencing is not fixed by statute. You may face a maximum of 364 days in jail, but the judge may impose a sentence far shorter if there are certain mitigating factors, such as having no prior convictions. On the other hand, they could impose a penalty closer to the maximum if aggravating factors are present, like prior convictions for similar conduct.

How Do I Know the Penalties for My Charges Are Not Fixed by Statute?

You can ask your attorney for help reviewing the statutes related to your charges. If there is no mention of sentencing or specific offense grading, you may be dealing with a gross misdemeanor whose punishment is not fixed by statute. Your attorney can communicate with prosecutors to confirm if this is the case.

Is it Better or Worse to Not Have Penalties Fixed by Statute for a Gross Misdemeanor?

Whether the punishment for a gross misdemeanor is fixed by statute has various pros and cons. One of the biggest disadvantages is that sentencing outcomes may be unpredictable. This is common in highly complex cases, where there are numerous mitigating and aggravating factors for the judge to consider at sentencing. On the other hand, this situation may allow your attorney the opportunity to argue for a much more lenient penalty, as there is no mandatory minimum penalty you must face.

How Can My Lawyer Help Me with Gross Misdemeanor Charges?

Your attorney can help you fight your charges by undermining the claims asserted by prosecutors. They must prove the charges beyond a reasonable doubt to secure a conviction, which can be difficult. Your attorney should help you question the evidence, present counter evidence in some cases, and urge for the most lenient possible sentence if you are convicted.

Are Gross Misdemeanor Charges Not Serious if Penalties Are Not Fixed by Statute?

The fact that your gross misdemeanor charges do not come with penalties fixed by statute may be an indication that you are facing charges for a less severe offense. When crimes are more serious, the law often explicitly describes specific penalties and sentencing requirements. This may also mean we stand a better chance of persuading the judge to impose a more lenient sentence.

Get Legal Help Now from Our Criminal Defense Attorneys

Call the Law Offices of Smith & White at (253) 203-1645 and start your case with a confidential legal review from our University Place, WA criminal defense lawyers.