Washington Class B Misdemeanors

In Washington, misdemeanors are not categorized using the Class B term. The state has no categorization for misdemeanors aside from simple misdemeanors and gross misdemeanors.

Simple misdemeanors are offenses that carry a maximum jail time of 90 days and/or a fine of up to $1,000, as stated in Revised Code of Washington 9A.20.010. Such offenses include simple possession of marijuana, shoplifting of property valued at $750 or less, and disorderly conduct. Gross misdemeanors refer to offenses like driving under the influence, reckless driving, assault in the fourth degree, and possession of controlled substances in small amounts.

The key difference between gross and straightforward misdemeanors in Washington is the severity of the punishment. Gross misdemeanors are punishable by up to 364 days of jail time and/or $5,000 fine. These offenses differ from felonies because convicted offenders will not serve their sentence in state prisons. It is also easier to expunge court records of misdemeanors than felonies due to the severity of the crime.

However, a conviction will have similar long-term effects on the offender and will result in a criminal record that will be publicly accessible. Misdemeanor cases in Washington are handled by the Municipal Courts and District Courts, depending on where the crime was committed and if it was a local or state law violation. The District Court has more jurisdiction over simple and gross misdemeanors where state law was violated, while the Municipal Courts handle offenses involving city or local violations. However, both courts can impose the maximum misdemeanor punishment for misdemeanors.

Common Examples of Class B Misdemeanors in Washington

Simple misdemeanors in Washington refer to the least severe category of criminal offenses, which do not carry beyond 90 days of jail time and/or a fine of up to $10,000. Some of these offenses include the following:

• Disorderly conduct: According to the Revised Code of Washington 9A.84.030, this refers to acts such as disrupting a lawful assembly, making unreasonable noise, fighting in public, or using abusive language. This offense carries a penalty of up to 90 days in county jail and/or a fine of up to $1,000.
• Criminal trespass in the second degree: A misdemeanor in Washington refers to crimes with lesser severity and punishment. They are less serious crimes than felonies, which are punishable by fines, probation, or imprisonment for a term not exceeding one year in county jails. This offense involves entering or remaining on another person’s property unlawfully, according to Revised Code of Washington 9A.52.080. The penalty for this offense is a fine of up to $1,000 or a maximum of 90 days' jail time.
• Indecent exposure: According to the Revised Code of Washington 9A.88.010, indecent exposure refers to intentionally making an open exposure that is likely to offend or alarm others. This offense carries a penalty of up to 90 days in jail and/or a maximum of $1,000 fine.
• Resisting arrest: This refers to intentionally attempting to or preventing a peace officer from making a lawful arrest according to Revised Code of Washington 9A.76.040. This offense carries a penalty of 90 days in jail and/or up to $1,000 fine according to Revised Code of Washington 9A.20.021.
• Solicitation or prostitution: According to the Revised Code of Washington 9A.88.030, this offense involves soliciting or engaging in prostitution.
• Refusing to summon aid for a peace officer: According to the Revised Code of Washington 9A.76.030, an individual is guilty of a misdemeanor when they refuse without good reason to call for help when a known peace officer requests it.
• Harassment or threats: Persons who knowingly threaten property damage, bodily injury, or confinement to place someone in fear are guilty of a misdemeanor. This can be charged as a gross misdemeanor, but lower-level harassment may be charged as a simple misdemeanor and carry the same penalty range.

Statute of Limitations for Class B Misdemeanors in Washington

In Washington, there is a time limit for when prosecutors must file a misdemeanor charge according to Revised Code of Washington 9A.04.080. This law states that no misdemeanor may be prosecuted after more than a year has passed since the offense was committed. This means that misdemeanor charges must be filed at the relevant court within a year from the date the offense occurred. The clock begins counting from the day the crime was committed.

However, the one-year statute of limitation does not run while the accused individual is not a usual resident of Washington, according to Revised Code of Washington 9A.04.080(2). The major exception to this law involves certain sex offenses where the suspect’s identity is not known immediately. In such cases, the limitation period will be extended to ensure justice is served.

Legal Penalties for Class B Misdemeanors

Misdemeanors in Washington are categorized as simple and gross misdemeanors. The penalties for these offenses include jail time, fines, and alternatives like restitution, community service, and probation. Simple misdemeanors are the equivalent of class B misdemeanors in Washington and are punishable by jail time of up to 90 days. This is a universal maximum sentence for all simple misdemeanors unless there is a specific statute that overrides it.

There are alternatives to jail time, such as probation or a suspended sentence. The court may order probation, which may be unsupervised or supervised by a probation officer. This involves releasing the offender under certain conditions. These conditions include avoiding further crimes, checking in with the probation officer, and attending treatment programs. Community service may be issued on its own or as part of the conditions for probation. This refers to when the court replaces jail time with an order to do an act for the community. The offender will be given a specific number of hours that must be completed. Restitution and fines are a form of financial alternatives. They can be issued alongside probation, community service, or jail time. In Washington, the highest fine for simple misdemeanors is a maximum of $1,000.

Court Process for Class B Misdemeanors

Simple misdemeanors in Washington are charged and handled at the Municipal Courts for city-level offenses or the District Court for county-level offenses. The court process for simple misdemeanors begins with a citation or an arrest of the alleged offender, where there is probable cause according to Revised Code of Washington 10.31.100. Lower-level misdemeanors may not require an arrest, but the alleged offender will be issued a criminal citation, which orders them to show up in court on a certain date.

After the arrest and booking, the defendant is arraigned in court. This is the point where the court reads out the charge, explains the penalties, and the defendant takes a plea. The arraignment also includes pretrial release, which may be allowed under court-imposed conditions. During the pretrial phase, both sides exchange evidence, file motions, and handle plea negotiations.

If there is no plea agreement, the case goes to trial, where both parties call witnesses and argue their case. The judge will give a verdict after assessing the case and all the evidence. The sentencing commences after the verdict is read if the judge finds the defendant guilty. This is a final judgment, but it can be appealed to a higher court, such as the Superior Court.

How Class B Misdemeanors Affect Your Criminal Record

Simple misdemeanors are the lowest category of offenses in Washington, but an arrest and court records from the case will become part of your criminal records. They will appear on your criminal records when the requesters search publicly accessible archives. These records will be available to anyone conducting a background check, which can be done for employment, licensing, or housing applications.

The records will show details about the arrest or court summons, the case details and documents, and sentencing. Basic details about you and the case will generally be available, such as names, the charges, the date of conviction, and the sentencing details. Employers, landlords, or licensing boards that discover these records may be discouraged from approving your applications. In Washington, class 2 misdemeanor records can be vacated rather than expunged. This requires certain conditions for being eligible, and not all convictions will qualify. This is because some misdemeanors have added restrictions, such as domestic violence.

Differences Between Class B Misdemeanors and Other Offenses

Criminal offenses are grouped based on their severity in Washington into misdemeanors and felonies. Misdemeanors include simple misdemeanors, which are the equivalent of class B misdemeanors, and gross misdemeanors. Simple misdemeanors are the least serious crimes in the state and carry penalties of up to 90 days’ jail time and/or $1,000 fine. These offenses are characterized by minor disturbances or disorderly conduct, such as certain criminal trespasses, some regulatory violations, or behavior that does not result in serious harm.

Gross misdemeanors are more serious than simple misdemeanors and carry penalties of up to 364 days’ jail time and/or $5,000 fine. These offenses have more impact on the victim when it comes to financial or property damage, risk, or harm. Such offenses include assault in the fourth degree, harassment, and theft in the third degree. Gross and simple misdemeanor jail terms are served in county or city jails.

While gross misdemeanors are more serious, they are not as severe as felonies, which are the most serious crimes in Washington. Felonies are classified into three classes, from Class A to C. The most severe is Class A felonies, which carry the maximum penalty of up to $50,000 fine and/or life imprisonment. Felonies differ from misdemeanors in that the jail time for felonies is served in a state prison. Felonies also have higher consequences that can affect the offender’s civil rights, such as voting or firearm rights.

How to Check for Class B Misdemeanors in Court Records

Simple Misdemeanors in Washington are handled by the District and Municipal Courts, depending on where the crime occured. Court records are usually filed and maintained by the court where the case was finalized. Thus, residents of Washington can access misdemeanor court records by mailing or submitting requests in person. This request will provide details of the requester and some information about the misdemeanor case, such as the case number or names of the parties.

The clerk of the District or Municipal Court in the county where the case was finalized is the record custodian who receives and processes requests. Thus, the processing time and request fees will vary based on the jurisdiction. The state judiciary also provides self-help terminals at the courthouses or online alternatives such as the Name and Case Search website. The public can access court dockets and some case documents through the website or public access terminals.

Can a Class B Misdemeanor Be Expunged or Sealed in Washington?

Yes, individuals convicted of misdemeanors in Washington may be able to vacate their convictions through the courts according to Revised Code of Washington 9.96.060. The state does not fully expunge adult convictions, and records can be sealed under strict conditions. Eligibility for vacating a misdemeanor conviction requires a waiting period, which is 3 years for most misdemeanors and 5 years for cases involving domestic violence.

There are certain misdemeanors that cannot be vacated, such as a sex offense, reckless driving, or certain firearm-related crimes. The offender must have completed the sentence and all related conditions before applying to vacate the conviction. Individuals who can get their convictions vacated will be able to avoid a conviction showing up during background checks, and they can avoid the stigma it brings.