Findings — Intent — c "The legislature finds that a maximum sentence by a court in the state of Washington for a gross misdemeanor can, under federal law, result in the automatic deportation of a person who has lawfully immigrated to the United States, is a victim of domestic violence or a political refugee, even when all or part of the sentence to total confinement is suspended.
The legislature further finds that this is a disproportionate outcome, when compared to a person who has been convicted of certain felonies which, under the state's determinate sentencing law, must be sentenced to less than one year and, hence, either have no impact on that person's residency status or will provide that person an opportunity to be heard in immigration proceedings where the court will determine whether deportation is appropriate.
For the most part, prosecutors have the discretion to charge a particular offense as they deem appropriate, and sometimes that involves choosing to file misdemeanor charges instead of felony charges, or vice versa. For example, someone who gets into a fight and injures another person can be charged with assault. The state's law may differentiate misdemeanor assaults from felony assaults based on, among other factors, the extent of the victim's injuries. When the injuries aren't clearly in one or the other category, the prosecutor will choose which level to charge.
Prosecutorial discretion can be abused when prosecutors "overcharge" acts that should be charged at lower levels. Often, overcharging is done to pressure defendants into pleading guilty to a lower-level offense perhaps the crime that should have been charged in the first place. Overcharging can also backfire when defense counsel points out to the judge or jury that the offense has been blown out of proportion to what really happened.
For information on the crimes that a particular state has placed within its class, level, or other unique ranking system, consult the state links below. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Contact us to see if we can help you. Some common domestic violence offenses include: Harassment, Intimidation and threatening, Physical assault and sexual assault , Stalking, and Malicious mischief. Examples of domestic violence crimes that are charged as gross-misdemeanors include: Simple assault DV, Malicious mischief 3 rd degree , Harassment, and Violation of a no contact order. Examples of domestic violence offenses that are charged as felonies in Washington include: Assault in the 1 st , 2 nd , or 3 rd degree ; Malicious mischief in the 1 st or 2 nd degree ; Felony harassment; and, Violation of a no contact order with an assault or two or more prior convictions.
Enter search terms. RCW Driving while license invalidated — Penalties — Extension of invalidation. Effective until January 1, Any person who has a valid Washington driver's license is not guilty of a violation of this section. Upon the first such conviction, the person shall be punished by imprisonment for not less than ten days.
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