Misdemeanor Criminal Defense

Seattle, Washington Misdemeanor Criminal Defense Attorney

Misdemeanors and gross misdemeanors are thought of as minor offenses when compared to felonies. However, since a misdemeanor or gross misdemeanor conviction can result in jail time and the loss of important rights, we know that most clients view them as anything but minor.  We certainly take them seriously.

Under current Washington law, found at RCW 9A.20.021, a misdemeanor is any crime punishable by imprisonment in jail for up to ninety days and/or a fine of up to $1,000. A gross misdemeanor carries a jail term of up to 364 days and/or a fine of up to $5,000. The maximum term of 364 days is one day less than a year, which has significant meaning for clients who are not U.S. citizens, as a potential sentence of a year or more can have adverse immigration consequences.

Under federal law, the misdemeanor classification framework, found at 18 U.S.C. § 1359(a), is as follows:

  • (a) a Class A misdemeanor is punishable by imprisonment of more than six months but not more than a year (181-365 days);
  • (b) a Class B misdemeanor is punishable by imprisonment of more than thirty days but not more than six months (31-180 days);
  • (c) a Class C misdemeanor is punishable by imprisonment of more than five days but not more than thirty days (6-30 days); and
  • (d) an infraction is punishable by imprisonment of five days or less (0-5 days).

In addition to the jail sentence and the fine, a conviction for certain misdemeanors and gross misdemeanors could result in:

  • loss of your right to own or possess firearms;
  • being required to undergo mental health, drug or alcohol treatment;
  • loss of your driver’s license;
  • deportation or exclusion from the United States, if you are not a citizen;
  • loss of  your job;
  • disciplinary sanctions, if you are a professional licensed by the state;
  • and/or placement on court supervision.

Michael Iaria began his career over thirty-five years ago defending misdemeanor and gross misdemeanor cases as a legal intern in Seattle Municipal Court.  After entering private practice, he continued to handle these cases.  His practice has evolved over the years into one in which he generally handles more complicated cases, but he has continued to handle misdemeanor and gross misdemeanor cases in courts throughout Western Washington, and will represent clients throughout the state.  Because these cases can have serious consequences and can be complex, his typical thorough and exhaustive approach can produce substantial benefits for his clients.  However, he also has the judgment to work with his clients on simpler approaches when that is what the case calls for.  Because he does not have a high volume (and therefore high turnover) practice, he is not locked or pressured into any particular approach. Rather, he works with his clients to devise the best client-specific and case-specific approach.

He also assist clients who want to vacate and remove old misdemeanor and gross misdemeanor convictions from their record.