Differences Between Misdemeanor and Felony Violent Crimes
July 23, 2026
Facing a violent crime charge can leave you uncertain about possible penalties, your reputation, and your future. Whether you have been arrested or are under investigation, understanding the classification of the alleged offense is an important first step.
In Washington, conduct involving violence may be charged as a misdemeanor, gross misdemeanor, or felony, affecting possible incarceration, fines, and firearm rights. However, the state’s statutory definition of a “violent offense” includes only specified felonies. A criminal defense attorney can explain your charge and its potential consequences.
At Dan Mellen, Attorney at Law, we help individuals facing criminal charges protect their rights throughout the legal process. From our office in Vancouver, Washington, we serve clients throughout Clark County, Cowlitz County, Lewis County, and Wahkiakum County. Contact us today to discuss your situation and legal options.
How Misdemeanor and Felony Offenses Differ
Washington classifies crimes as misdemeanors, gross misdemeanors, or felonies. A misdemeanor is punishable by up to 90 days in jail and a $1,000 fine, while a gross misdemeanor carries up to 364 days in jail and a $5,000 fine.
Felonies are divided into classes A, B, and C. Unless another statute provides a different maximum, a class A felony can carry life imprisonment and a fine of up to $50,000. A class B felony can carry up to 10 years and a $20,000 fine, while a class C felony can carry up to five years and a $10,000 fine.
These are statutory maximums, not mandatory sentences. The sentence imposed depends on the specific charge and circumstances. For a felony, the court also considers the offense’s seriousness level, your offender score, and any applicable enhancements.
The charge depends on the offense’s statutory elements and facts such as the alleged injury, weapon use, intent, relationship between the parties, and prior convictions. We can review the evidence and explain how it relates to an existing or potential charge.
What Offenses Commonly Fall Into Each Category?
Allegations involving physical force, threats, or a risk of injury cover a wide range of offenses. Some conduct may be charged at different levels depending on the facts and the specific statutory elements.
Examples include:
Misdemeanor and gross misdemeanor offenses: Assault in the fourth degree is generally a gross misdemeanor, although Washington law makes it a felony in specified circumstances. Reckless endangerment is also a gross misdemeanor. Harassment may be a gross misdemeanor unless facts such as a qualifying prior conviction or a threat to kill elevate it to a felony.
Felony offenses: Assault in the first, second, or third degree, robbery, kidnapping, and homicide are felony offenses. The classification and potential sentence depend on the specific degree and statutory elements.
Domestic violence allegations: Domestic violence is a designation that may apply to specified offenses committed between family or household members or intimate partners. The underlying offense and surrounding facts determine whether the charge is a gross misdemeanor or felony.
Repeat offenses: A prior conviction may increase an offender score, affect sentencing, or elevate a later charge when a specific statute makes the prior conviction an element of the new offense. A prior record does not automatically convert every new misdemeanor allegation into a felony.
Washington’s legal definition of a “violent offense” includes designated felonies, such as class A felonies, second-degree assault, second-degree robbery, and certain forms of vehicular assault and homicide. Accordingly, the phrase “misdemeanor violent crime” may describe alleged conduct involving violence, but it is not the same as the statutory classification of a violent offense.
Because the precise elements matter, we examine the charging document, police reports, witness accounts, recordings, medical evidence, and other available information when defending violent crimes.
How Penalties Can Affect Your Future
The consequences of a misdemeanor or felony conviction may extend beyond incarceration. The effects vary according to the offense, sentence, criminal history, and your personal circumstances.
Potential consequences include:
Jail or prison: Misdemeanors and gross misdemeanors can result in county jail sentences. Felonies carry higher statutory maximums and may result in substantially longer confinement.
Financial obligations: A court may impose fines, restitution, assessments, and other legal financial obligations when authorized.
Employment and licensing issues: A conviction may appear in background checks and affect future employment, professional licensing, or security-clearance eligibility.
Housing difficulties: A criminal record may affect rental applications or eligibility for certain housing.
Firearm restrictions: Felony convictions and certain qualifying domestic violence convictions can restrict your right to possess firearms.
No-contact orders and supervision: Depending on the charge and outcome, the court may impose a no-contact order, probation conditions, community custody, treatment, or other restrictions.
These consequences make it important to understand the exact accusation rather than relying only on labels such as “misdemeanor” or “felony.” We can explain the potential outcomes and help you evaluate available defenses and resolution options. Early representation may also allow evidence to be identified and preserved before recordings are overwritten, witnesses become unavailable, or memories fade.
What Happens During the Criminal Process?
After an arrest or the filing of charges, a case may proceed through an initial appearance, arraignment, discovery, negotiations, pretrial motions, and trial. Not every case follows the same path, and some matters resolve through dismissal, a negotiated plea, or another disposition before trial.
At arraignment, you generally enter a plea, and the court may address release conditions. During discovery, the defense receives and reviews evidence disclosed by the prosecution. Pretrial motions may address the admissibility of statements, searches, identifications, or other evidence. If the parties do not reach a resolution, the case may proceed to trial, where the prosecution must prove every element beyond a reasonable doubt.
You should avoid discussing the allegations with witnesses or posting details on social media. You should also comply with all release conditions and no-contact orders, even if another person initiates contact. Violating a court order may lead to additional charges or changes to your release.
We review police reports, examine the prosecution’s evidence, investigate defenses, file appropriate motions, negotiate when doing so serves your interests, and prepare for trial when necessary. Clear communication can help you understand the decisions required at each stage.
Criminal Defense for Violent Crime Charges
An arrest or criminal charge is not a conviction. The prosecution must prove the charged offense beyond a reasonable doubt, and the defense may challenge the evidence, legal procedures, witness credibility, or whether the alleged conduct satisfies every element of the offense.
At Dan Mellen, Attorney At Law, we review evidence, explain court procedures, protect constitutional rights, and pursue an appropriate outcome based on the circumstances. Our attorney provides direct advice throughout the case so that you understand the charges, possible consequences, and available options. From our Vancouver, Washington, office, we serve clients throughout Clark County, Cowlitz County, Lewis County, and Wahkiakum County. Contact us today to discuss your case.