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Authority of Washington Sentencing Judges Reduced – Maximum Sentence for Gross Misdemeanor Redefined

On April 15, 2011, Governor Gregoire signed Bill SSB 5168 into law. This law redefines that maximum sentence for a gross misdemeanor to 364 days, a reduction of one day. This bill had support by both democrats and republicans in both houses.

Under the former law, a gross misdemeanor had a maximum sentence of 365 days, which characterizes the offense as an aggravated felony for immigration purposes. This is particularly significant for non-residents of the U.S., because a commission of an aggravated felony is grounds for automatic deportation. This holds true regardless of whether the jail time is imposed or served.

By reducing the maximum sentence, this brings the punishment more in line with many felonies that are punishable by less than one year in jail, and will not trigger deportation.  DUI and Assault 4 are examples of gross misdemeanors, which are prosecuted in district and municipal courts in Washington State.

While this law does not technically go into effect for another 90 days, there is a valid argument that judges should not impose any suspended sentences of a year for gross misdemeanors.