Misdemeanor Charges FAQ
Straightforward answers to the questions that come up most about misdemeanor charges in Kittitas and Yakima Counties. Every case is different — these are general answers, not legal advice for your specific situation.
What's the difference between a misdemeanor and a gross misdemeanor in Washington?
A simple misdemeanor carries a maximum of 90 days in jail and a $1,000 fine. A gross misdemeanor is more serious — up to 364 days in jail and a $5,000 fine. Whether a charge is filed as one or the other depends on the specific statute, and sometimes on the facts of your case.
What are the most common misdemeanor charges in Kittitas and Yakima Counties?
The charges seen most often include DUI, domestic violence assault, theft and malicious mischief, criminal trespass, reckless driving, Minor in Possession (MIP), and Driving While License Suspended (DWLS). Most of these are handled in the local district or municipal court where the incident occurred. See the theft & malicious mischief FAQ for more on that group of charges.
Can you actually go to jail for a misdemeanor in Washington?
Yes. Even a simple misdemeanor carries up to 90 days in jail as a legal possibility, and a gross misdemeanor up to 364 days. Whether jail time actually happens depends on the specific charge, your record, and how the case is resolved — many misdemeanor cases resolve without any jail time at all.
What happens at a misdemeanor arraignment?
Arraignment is your first court appearance, where the charge is formally read and you enter a plea — almost always not guilty at this stage so your attorney has time to review the evidence. The court will also address conditions of release, like whether you can keep your current bail status or if new conditions apply.
What is domestic violence assault in the 4th degree?
It's an assault charge — typically the least severe assault classification — where the alleged victim is a family or household member, an intimate partner, or someone in a similarly defined relationship under Washington law. The domestic violence label triggers additional consequences beyond the underlying assault charge, including mandatory no-contact orders and firearm restrictions. See the DV assault FAQ for more.
What is Minor in Possession (MIP), and what happens if I'm charged?
MIP (RCW 66.44.270) is a gross misdemeanor that applies to anyone under 21 who possesses or consumes alcohol. It's a common charge involving college-age clients, and consequences can include fines, required alcohol/drug assessments, and a record that can affect future background checks — even though it's a lower-level charge. See the MIP FAQ for more.
Will a misdemeanor conviction show up on a background check?
Yes, a misdemeanor conviction is public record and will typically appear on standard background checks used for employment or housing. Depending on the type of charge and how much time has passed, there may later be an option to vacate the conviction from your record.
Can a misdemeanor charge be expunged or vacated in Washington?
Often, yes, once enough time has passed and other eligibility requirements are met — Washington's rules on this are detailed and change periodically, so it's worth having an attorney confirm your specific eligibility rather than assuming based on a general online answer.
What happens if I violate probation on a misdemeanor case?
A probation violation can result in the court imposing some or all of a previously suspended jail sentence, plus added conditions. Courts vary in how strictly they enforce violations, but any alleged violation is worth addressing with an attorney immediately rather than waiting for the hearing.
Do I need an attorney for a misdemeanor charge?
Even 'minor' misdemeanor convictions create a permanent criminal record that can affect jobs, housing, and licensing, and some carry real jail exposure. An attorney familiar with the local courts and prosecutors can often get charges reduced or resolved in ways that aren't obvious from the outside.
Talk to a Criminal Defense Attorney
Call (509) 293-7593 for a free consultation about your misdemeanor charge in Ellensburg, Yakima, or the surrounding area.
