Washington Felony Classes and Misdemeanor Penalties (2026)

Washington law sorts crimes into three classes, felonies, gross misdemeanors and misdemeanors, and a crime is a felony "if it is so designated" by statute or "if persons convicted thereof may be sentenced to imprisonment for a term in excess of one year" (RCW 9A.04.040(2)). Felonies are divided into class A, B and C, and RCW 9A.20.021 sets the maximum confinement and fine for each class and for the two misdemeanor tiers.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Washington's crime classification statutes (RCW 9A.04.040, 9A.20.010, 9A.20.021 and 9.92.010 to 9.92.030), the Sentencing Reform Act provisions that set felony sentences (chapter 9.94A RCW), misdemeanor probation (RCW 3.66.068 and 9.95.210) and civil and traffic infractions (chapters 7.80 and 46.63 RCW). It does not cover how individual offenses are graded (see the Washington theft laws and Washington assault and battery laws pages), time limits for charging a crime, record clearing, juvenile court, city and county ordinances, or federal offenses. For every state side by side, see felony and misdemeanor classes by state.

Felony vs misdemeanor in Washington

RCW 9A.04.040 is the starting point. An offense for which a sentence of imprisonment is authorized "constitutes a crime," and "Crimes are classified as felonies, gross misdemeanors, or misdemeanors" (RCW 9A.04.040(1)). Subsection (2) then draws the lines:

"A crime is a felony if it is so designated in this title or by any other statute of this state or if persons convicted thereof may be sentenced to imprisonment for a term in excess of one year. A crime is a misdemeanor if it is so designated in this title or by any other statute of this state or if persons convicted thereof may be sentenced to imprisonment for no more than ninety days. Every other crime is a gross misdemeanor." (RCW 9A.04.040(2))

RCW 9A.20.010 restates the misdemeanor test in terms of the penalty: "Any crime punishable by a fine of not more than one thousand dollars, or by imprisonment in a county jail for not more than ninety days, or by both such fine and imprisonment is a misdemeanor," and "All crimes other than felonies and misdemeanors are gross misdemeanors" (RCW 9A.20.010(2)). For sentencing, "classified felonies are designated as one of three classes": class A, class B and class C (RCW 9A.20.010(1)(b)).

Washington does not use lettered misdemeanor classes. The gross misdemeanor is the higher misdemeanor tier, and the misdemeanor is the lower one.

Washington felony and misdemeanor classes table

The maximums below come from RCW 9A.20.021, which applies "Unless a different maximum sentence for a classified felony is specifically established by a statute of this state" (RCW 9A.20.021(1)). The section applies to crimes committed on or after July 1, 1984, and its fines apply to adult offenders only (RCW 9A.20.021(4)-(5)).

These are the ranges for the class itself; RCW 9.94A.570 requires life without the possibility of release for some repeat convictions, and other statutes set mandatory minimums, both described below. A court may combine confinement and a fine at each level ("or by both such confinement and fine").

The gross misdemeanor and misdemeanor rows are worded for crimes "defined in Title 9A RCW." For misdemeanor-tier offenses defined elsewhere, RCW 9.92.020 and 9.92.030 supply the same 364-day and 90-day defaults where no statute prescribes a punishment.

How a Washington felony sentence is actually set

The class maximum is the outer limit, not the typical sentence. When a person is convicted of a felony, the court "shall impose a sentence" that is, "Unless another term of confinement applies, a sentence within the standard sentence range established in RCW 9.94A.510 or 9.94A.517" (RCW 9.94A.505(2)(a)(i)). A court "may not impose a sentence providing for a term of confinement or community custody that exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW," with exceptions in RCW 9.94A.750(4) and 9.94A.753(4) (RCW 9.94A.505(5)).

The sentencing grid

RCW 9.94A.510 sets out the main grid (Table 1). One axis is the offense's seriousness level, from I to XVI, and the other is the offender score, from 0 to 9 or more. Each cell gives a midpoint and a standard range in months, or in days where marked. At the low end, a level I offense with an offender score of 0 has a range of 0 to 60 days; a level XV offense with a score of 0 has a range of 240 to 320 months. RCW 9.94A.517 holds a separate grid for drug offenses (Table 3).

RCW 9.94A.515 assigns offenses to seriousness levels. Level XVI is aggravated first degree murder, level XV includes first degree murder, and level XIV includes second degree murder.

For a felony with no standard range, the court imposes a determinate sentence of not more than one year of confinement, plus up to one year of community custody, unless it finds reasons for an exceptional sentence (RCW 9.94A.505(2)(b)).

The offender score counts prior convictions under RCW 9.94A.525. "Class A and sex prior felony convictions shall always be included in the offender score," while class B priors other than sex offenses drop out if the person "had spent 10 consecutive years in the community without committing any crime that subsequently results in a conviction" (RCW 9.94A.525(2)(a)-(b)).

Exceptional sentences and mandatory minimums

A court "may impose a sentence outside the standard sentence range for an offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence" (RCW 9.94A.535). Facts supporting an aggravated sentence, other than a prior conviction, must be determined under RCW 9.94A.537 (RCW 9.94A.535).

Some minimum terms cannot be reduced that way. RCW 9.94A.540(1) says the following "minimum terms of total confinement are mandatory and shall not be varied or modified under RCW 9.94A.535," except as subsection (3) provides:

• First degree murder: not less than 20 years.
• First degree assault or first degree assault of a child "where the offender used force or means likely to result in death or intended to kill the victim": not less than 5 years.
• First degree rape: not less than 5 years.
• Sexually violent predator escape: not less than 60 months.
• Aggravated first degree murder committed before age 18: not less than 25 years.

Subsections (1)(a) to (d) do not apply to juveniles tried as adults under RCW 13.04.030(1)(e)(i) (RCW 9.94A.540(3)).

For aggravated first degree murder, RCW 10.95.030(1) requires "life imprisonment without possibility of release or parole," a sentence that may not be "suspended, deferred, or commuted by any judicial officer." For an offense committed before age 16, the sentence is a maximum of life with a minimum of 25 years of total confinement; for an offense committed at 16 or 17, a maximum of life with a minimum of no less than 25 years (RCW 10.95.030(2)(a)). A reviser's note records that 2023 c 102 s 20 deleted the death-sentence subsection of RCW 10.95.030. The top row of the grid in RCW 9.94A.510 still carries the label "Life sentence without parole/death penalty for offenders at or over the age of eighteen."

Certain sex offenses listed in RCW 9.94A.507 receive a different structure: the court imposes "a maximum term and a minimum term," the maximum "shall consist of the statutory maximum sentence for the offense," and the minimum is within the standard range or is an exceptional sentence (RCW 9.94A.507(3)).

When there are several current convictions, RCW 9.94A.589(1)(b) requires certain sentences for serious violent offenses to be "served consecutively to each other," and RCW 9.94A.589(1)(c) requires consecutive sentences for the listed firearm felonies "and for each firearm unlawfully possessed."

Persistent offenders (three strikes and two strikes)

RCW 9.94A.570 provides: "Notwithstanding the statutory maximum sentence or any other provision of this chapter, a persistent offender shall be sentenced to a term of total confinement for life without the possibility of release." A persistent offender is not eligible for community custody, earned release time, furlough, home detention, partial confinement, work crew, work release or other listed forms of release, except for emergency medical treatment or, for first degree rape, commitment to an inpatient treatment facility. The section's text still refers to a death sentence "when authorized by RCW 10.95.030 for the crime of aggravated murder in the first degree," the provision the 2023 act deleted.

RCW 9.94A.030 defines a persistent offender in two ways:

• Three strikes: a person convicted in Washington of "any felony considered a most serious offense" who, before that offense, was convicted "on at least two separate occasions, whether in this state or elsewhere," of felonies that would be most serious offenses in Washington and count in the offender score, where at least one of the prior convictions occurred before the commission of the other prior most serious offenses.
• Two strikes for listed sex offenses: a person convicted of first degree rape, first or second degree rape of a child, first degree child molestation, second degree rape or indecent liberties by forcible compulsion (among other listed variants) who has at least one earlier conviction for an offense on that list.

Offenses with no class or no stated penalty

RCW 9A.20.021 yields to any statute that "specifically" sets a different maximum for a classified felony. Where a felony has no maximum at all, RCW 9.92.010 fills the gap: punishment "shall not exceed confinement in a state correctional institution for a term of ten years, or by a fine in an amount fixed by the court of not more than twenty thousand dollars, or by both," and "the offense shall be classified as a class B felony."

The misdemeanor tiers have matching defaults. A gross misdemeanor "for which no punishment is prescribed in any statute" carries up to 364 days in county jail and a fine of up to $5,000 (RCW 9.92.020), and a misdemeanor with no prescribed punishment carries up to 90 days and $1,000 (RCW 9.92.030).

Can a Washington felony become a misdemeanor?

Washington has no general wobbler statute. The classification sections (RCW 9A.04.040, 9A.20.010, 9A.20.021 and 9.92.010 to 9.92.030) define only class A, B and C felonies, gross misdemeanors and misdemeanors, and the felony sentencing options in RCW 9.94A.505 include no provision converting a felony conviction to a misdemeanor.

Several sentencing alternatives change the sentence without changing the class:

• First-time offender waiver. It applies only to a person with no prior felony conviction anywhere and no prior felony deferred prosecution, convicted of a felony that is not a violent or sex offense, a listed narcotic or methamphetamine manufacture or delivery offense, selling a Schedule I substance for profit, or felony DUI or physical control (RCW 9.94A.650(1)). For a first-time offender, as RCW 9.94A.650 uses that term, "the court may waive the imposition of a sentence within the standard sentence range and impose a sentence which may include up to ninety days of confinement" in a county facility, plus up to six months of community custody, or up to the period of treatment if treatment is ordered, not to exceed one year (RCW 9.94A.650(2)-(3)).
• Drug offender sentencing alternative (DOSA). RCW 9.94A.660(1) sets eligibility conditions, among them that the current felony is not a violent offense and carries no sentence enhancement under RCW 9.94A.533(3) or (4), is not a felony DUI, that the person has no current or prior conviction for a sex offense requiring registration, and has no prior conviction for second degree robbery not involving a firearm within seven years, or any other violent offense within 10 years, before the current conviction.

Infractions are not crimes

Washington handles many minor violations as civil infractions. The Legislature found that "many minor offenses that are established as misdemeanors are obsolete or can be more appropriately punished by the imposition of civil fines" (RCW 7.80.005). A person found to have committed a civil infraction "shall be assessed a monetary penalty": up to $250 for a class 1 civil infraction, not including statutory assessments, except for listed infractions, $125 for class 2, $50 for class 3 and $25 for class 4 (RCW 7.80.120(1)).

Traffic violations work the same way. Violations of Title 46 and local traffic rules, including parking and pedestrian offenses, are "designated as a traffic infraction and may not be classified as a criminal offense," except for the offenses RCW 46.63.020 lists, which remain crimes.

Probation and community custody in Washington

Felonies: community custody, not general probation

A Washington felony sentence is a term of confinement plus, for many offenses, community custody. RCW 9.94A.701 sets the terms for people sentenced to the custody of the Department of Corrections:

• 3 years for a sex offense not sentenced under RCW 9.94A.507, or a serious violent offense (RCW 9.94A.701(1)).
• 18 months for a violent offense that is not a serious violent offense (RCW 9.94A.701(2)).
• 1 year for listed offenses, including any crime against persons under RCW 9.94A.411(2) and felony offenses under chapter 69.50 or 69.52 RCW committed on or after July 1, 2000 (RCW 9.94A.701(3)).

The court must reduce the term "whenever an offender's standard sentence range term of confinement in combination with the term of community custody exceeds the statutory maximum for the crime" (RCW 9.94A.701(10)). For a confinement term of one year or less on a sex offense, violent offense, crime against a person, felony drug offense or felony failure to register, the court "may impose up to one year of community custody" (RCW 9.94A.702(1)).

Misdemeanors and gross misdemeanors

District and municipal courts may suspend all or part of a sentence for "Five years after imposition of sentence for a defendant sentenced for a domestic violence offense or under RCW 46.61.5055" (the DUI sentencing statute) and "Two years after imposition of sentence for all other offenses" (RCW 3.66.068(1)). A sentence may be deferred for up to five years for a domestic violence offense and two years for other offenses, but a court "shall not defer sentence for an offense sentenced under RCW 46.61.5055" (RCW 3.66.068(2)). Municipal courts follow the same limits (RCW 3.50.330).

In superior court, the suspension may run "for such time as it shall designate, not exceeding the maximum term of sentence or two years, whichever is longer," and up to five years for a domestic violence offense or an RCW 46.61.5055 sentence (RCW 9.95.210(1)(a)-(b)).

Violations

For a felony sentence, "An individual who violates any condition or requirement of a sentence may be sanctioned by the court with up to 60 days' confinement for each violation or by the department with up to 30 days' confinement as provided in RCW 9.94A.737" (RCW 9.94A.633(1)(a)). Instead of confinement, the sanction may be work release, home detention with electronic monitoring, work crew, community restitution, inpatient treatment, daily reporting, curfew, counseling or other community-based sanctions (RCW 9.94A.633(1)(b)).

Different rules apply under RCW 9.94A.633(2) to people on a sentencing alternative or transferred to community custody in lieu of earned early release. For example, a special sex offender sentencing alternative may be revoked and the original sentence of confinement served; a person sentenced for a sex offense under RCW 9.94A.507, or released in lieu of earned early release, may be returned to serve up to the remaining portion of the sentence; and a DOSA sentence is sanctioned under RCW 9.94A.660.

In district court, a deferral or suspension may be revoked for a violation, and the court may then impose the suspended sentence or any unexecuted portion, but "In no case shall the court impose a sentence greater than the original sentence" (RCW 3.66.069). Municipal courts follow RCW 3.50.340.

For a suspended misdemeanor or gross misdemeanor sentence in superior court, "the court may modify or revoke its order suspending the imposition or execution of the sentence if the defendant violates or fails to carry out any of the conditions of the suspended sentence" at any time before it enters an order terminating probation (RCW 9.95.210(1)(b)).

Recent changes to Washington's sentencing statutes

• 2011 c 96: set the gross misdemeanor maximum at 364 days in RCW 9A.20.021(2) and RCW 9.92.020.
• 2023 c 102 s 20: deleted the death-sentence subsection of RCW 10.95.030, so aggravated first degree murder carries life without release or parole (2024 c 118 s 7 later amended the same section).
• 2025 session laws: the RCW lists 2025 c 90 s 1 as the latest amendment to RCW 9.94A.535 (exceptional sentences), 2025 c 371 s 5 to RCW 9.94A.633 (violation sanctions), 2025 c 407 s 3 to RCW 9.94A.030 (definitions), 2025 c 58 s 1002 to RCW 9.94A.507 and 2025 c 397 s 1 to RCW 9.94A.717. The earlier versions created by 2025 c 371 s 4 and 2025 c 407 s 2 expired January 1, 2026. The text quoted above is each section in its current form.
• 2026 c 36 s 20: amended RCW 9.94A.685, which concerns offenders who are not U.S. citizens.

Federal firearms consequence

Federal law bars firearm possession by a person convicted of "a crime punishable by imprisonment for a term exceeding one year" (18 U.S.C. 922(g)(1)), and whether a person has such a conviction is determined under the law of the convicting state (18 U.S.C. 921(a)(20)). Washington defines a felony in part by a possible term of more than one year (RCW 9A.04.040), while its misdemeanor tiers top out at 364 days for Title 9A crimes. Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The felony and misdemeanor classes hub covers the federal classes.

Related legal issues

How an offense lands in one of these classes depends on the offense statute; the Washington theft laws page shows how theft is graded into them, and the Washington assault and battery laws page does the same for assault. Clearing a conviction from a record is covered on the Washington expungement laws page, and time limits for filing felony charges are on the Washington statute of limitations page. Because class A felonies, aggravated murder and persistent-offender sentences can carry life, the Washington life sentence page explains how those terms work.

Related pages

• Felony and misdemeanor classes by state
• Washington theft laws
• Washington assault and battery laws
• Washington expungement laws
• How long is a life sentence in Washington
• Oregon felony and misdemeanor classes
• Idaho felony and misdemeanor classes

Disclaimer: This article provides general legal information about Washington's crime classification and sentencing statutes as of 2026-10-17. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Washington.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Washington?

Under RCW 9A.04.040, a crime is a felony if a statute designates it a felony or if it may be punished by imprisonment for more than one year, and a misdemeanor if designated as one or punishable by no more than 90 days. Every other crime is a gross misdemeanor, which carries up to 364 days for Title 9A crimes (RCW 9A.20.021(2)).

What are the felony classes in Washington?

Washington has three: class A (up to life and $50,000), class B (up to 10 years and $20,000) and class C (up to 5 years and $10,000), unless another statute sets a different maximum (RCW 9A.20.021(1)). These are ceilings; the Sentencing Reform Act grid normally sets the standard range, and the persistent offender statute (RCW 9.94A.570) requires life without release for qualifying repeat offenders.

Does Washington have Class A misdemeanors?

No. Washington has two misdemeanor tiers instead of lettered classes: the gross misdemeanor (up to 364 days and $5,000 for Title 9A crimes) and the misdemeanor (up to 90 days and $1,000) (RCW 9A.20.021(2)-(3)).

Is a gross misdemeanor a felony in Washington?

No. RCW 9A.04.040 and 9A.20.010 list the gross misdemeanor as a separate class from felonies; for crimes defined in Title 9A it carries up to 364 days in county jail and a fine of up to $5,000.

Is an infraction a crime in Washington?

No. A civil infraction under RCW 7.80 carries a monetary penalty (class 1 up to $250 with listed exceptions, class 4 $25, not counting statutory assessments), and RCW 46.63.020 says a traffic infraction may not be classified as a criminal offense, except for the offenses it lists.

Can a felony be reduced to a misdemeanor in Washington?

Washington's classification statutes (RCW 9A.04.040, 9A.20.010, 9A.20.021) and the sentencing options in RCW 9.94A.505 contain no general provision converting a felony conviction to a misdemeanor. Options such as the first-time offender waiver (RCW 9.94A.650) change the sentence, not the class.

How long is probation in Washington?

For misdemeanors and gross misdemeanors, a district or municipal court may suspend a sentence for up to 2 years, or 5 years for domestic violence offenses and RCW 46.61.5055 DUI sentences, and may defer one for up to 2 years, or 5 years for domestic violence offenses; a DUI sentence under RCW 46.61.5055 cannot be deferred (RCW 3.66.068, 3.50.330). Felony sentences for listed offenses instead carry community custody of 3 years, 18 months or 1 year depending on the offense, reduced where needed to stay within the statutory maximum (RCW 9.94A.701).

What happens if you violate community custody or probation in Washington?

For a felony sentence, the court may impose up to 60 days' confinement for each violation, or the Department of Corrections up to 30 days, or community-based sanctions instead (RCW 9.94A.633(1)); different rules apply to sentencing alternatives such as DOSA and the special sex offender sentencing alternative, which may be revoked so the original sentence is served (RCW 9.94A.633(2)). For a misdemeanor or gross misdemeanor, a district or municipal court may revoke a deferral or suspension and impose the suspended sentence or any unexecuted portion of it, but never more than the original sentence (RCW 3.66.069, 3.50.340); a superior court may modify or revoke the suspension (RCW 9.95.210(1)(b)).

What is Washington's three strikes law?

RCW 9.94A.570 requires a sentence of total confinement for life without the possibility of release for a persistent offender. RCW 9.94A.030 defines that term to include a person convicted of a most serious offense after at least two prior most serious offense convictions, and a person convicted of listed sex offenses after one prior listed conviction.