What are the penalties for a felony in Washington?

Felony penalties in Washington range from 0–5 years for the lowest class to life imprisonment for the most serious [§ 9A.20.021]. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

Does Washington have a speedy trial requirement?

Washington does not have a fixed-day speedy trial clock. CrR 3.3: trial must begin within 60 days of arraignment for in-custody defendants; 90 days for out-of-custody. Continuances toll the clock. Failure results in dismissal with prejudice.

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year) [§ 9A.20.021]. Misdemeanors carry county jail time (up to 1 year) [§ 9A.20.021]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

Washington Criminal Defense Guide — Charges & Process

Q: Can I get my criminal record expunged in Washington?

Yes, for eligible offenses [§ 9.94A.640 et seq.]. Waiting periods: 3 years (misdemeanor); 5 years (Class C felony); 10 years (Class B felony); misdemeanor cannabis convictions (age 21+ at offense) exempt from these conditions and vacated on application. Washington uses 'vacation' rather than expungement ([§ 9.94A.640] for felonies; [§ 9.96.060] for misdemeanors). Vacated convictions are treated as if they did not occur for most purposes. Violent and sex offenses have very limited eligibility. Under RCW 9.96.060(5), a person convicted of a misdemeanor cannabis offense who was 21 or older at the time may apply for vacation, and the court shall vacate if the applicant qualifies.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Washington.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The Washington Criminal Process — Step by Step Your Rights in an Washington Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How Washington classifies criminal offenses §9A.20.021

Washington divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Class A felony: varies to life, up to $50,000 fine - Class B felony: 0–10 years, up to $20,000 fine - Class C felony: 0–5 years, up to $10,000 fine

Misdemeanor classifications §9A.20.021

Class Gross misdemeanor misdemeanor: up to 12 months, $5,000 fine - Class Misdemeanor misdemeanor: up to 3 months, $1,000 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines §9A.20.021 et seq., Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §9A.20.021	State prison (1 year or more) §9A.20.021
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §9.94A.640 et seq.	Fewer offenses eligible §9.94A.640 et seq.

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §10.31.100. Officers may arrest without a warrant for felonies on probable cause and for misdemeanors committed in their presence. RCW 10.31.100 specifies additional categories authorizing warrantless arrest including domestic violence and DUI offenses. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

Bail is governed by Washington Constitution Art. I, § 20, as amended by House Joint Resolution No. 4220 (ratified by voters November 2, 2010). Chapter 10.21 RCW was enacted to reasonably assure public safety in bail determination hearings under that amendment. Washington court rules also govern pretrial release and generally favor release on the least restrictive conditions needed to assure appearance and protect public safety; the specific standards and exceptions depend on the charge — confirm with a lawyer. §10.21.010 et seq.

Arraignment

The court formally presents charges, and the defendant enters a plea. Note: nolo contendere (no contest) pleas are NOT permitted in Washington.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation §9.94A.700 et seq., fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in Washington has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed §10.101.005 et seq.. Washington State Office of Public Defense (OPD) provides oversight and support. County-level public defender offices provide trial-level defense. Each county must meet indigent defense standards set by the state.
Right to a speedy trial — Washington does not set a fixed number of days for speedy trial. CrR 3.3: trial must begin within 60 days of arraignment for in-custody defendants; 90 days for out-of-custody. Continuances toll the clock. Failure results in dismissal with prejudice.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in Washington: Community custody (supervision): 1–3 years for Class C felonies, 2–4 years for Class B, longer for Class A; misdemeanor probation up to 2 years §9.94A.700 et seq..

⚠Washington has a habitual offender law §9.94A.570. Washington Sentencing Reform Act uses an offender score system. Prior convictions add points to the offender score, which in turn determines the standard sentencing range on a grid. Persistent offender accountability act: life without parole for two most serious level crimes (§9.94A.570).

Clearing your record

Washington does allow certain criminal records to be sealed or expunged §9.94A.640 et seq.. Waiting periods: 3 years (misdemeanor); 5 years (Class C felony); 10 years (Class B felony); misdemeanor cannabis convictions (age 21+ at offense) exempt from these conditions and vacated on application. Washington uses 'vacation' rather than expungement (§9.94A.640 for felonies; §9.96.060 for misdemeanors). Vacated convictions are treated as if they did not occur for most purposes. Violent and sex offenses have very limited eligibility. Under RCW 9.96.060(5), a person convicted of a misdemeanor cannabis offense who was 21 or older at the time may apply for vacation, and the court shall vacate if the applicant qualifies.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §69.50.4013. Marijuana possession: Legal (up to 1 oz for adults per I-502/2012); civil infraction for minor excess; criminal for unlicensed distribution or large amounts.

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §9A.36.011 et seq.. Domestic violence offenses carry additional consequences including protective orders §10.99.020; §7.105.450.

Theft and property crimes

Classification depends on the value of property taken §9A.56.010 et seq.. Felony threshold: More than $750 (theft of property or services exceeding $750 but not exceeding $5,000 in value, other than a firearm or a motor vehicle, is theft in the second degree, a class C felony, §9A.56.040; theft of property or services exceeding $5,000 in value is theft in the first degree, a class B felony, §9A.56.030; the value bands are not exhaustive — separate grounds such as firearms, motor vehicles, property taken from the person of another, public records, and access devices are graded under their own provisions).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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