Washington criminal charge
Failure to appear or surrender in Washington
Failure to appear or surrender is a criminal offense under Washington law, defined by RCW 9A.76.190. Its classification is not fixed: Washington assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by RCW 9A.76.190.
What is the penalty for failure to appear or surrender in Washington?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (Failure to appear or surrender — felony basis — Applies when the person was held for, charged with, or convicted of a felony.; statutory maximum, county jail (RCW 9A.20.021(2)); offenses outside Title 9A carry the same default under RCW 9.92.020 unless the offense fixes its own penalty) | discretionary | RCW 9A.20.021 |
| Fine | up to $5,000 (Failure to appear or surrender — felony basis — Applies when the person was held for, charged with, or convicted of a felony.; statutory maximum, adult offenders (RCW 9A.20.021(5))) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 90 days (Failure to appear or surrender — gross misdemeanor or misdemeanor basis — Applies when the person was held for, charged with, or convicted of a gross misdemeanor or misdemeanor.; statutory maximum, county jail (RCW 9A.20.021(3)); offenses outside Title 9A carry the same default under RCW 9.92.030 unless the offense fixes its own penalty) | discretionary | RCW 9A.20.021 |
| Fine | up to $1,000 (Failure to appear or surrender — gross misdemeanor or misdemeanor basis — Applies when the person was held for, charged with, or convicted of a gross misdemeanor or misdemeanor.; statutory maximum, adult offenders (RCW 9A.20.021(5))) | discretionary | RCW 9A.20.021 |
Applies to current.
How is failure to appear or surrender classified in Washington?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Failure to appear or surrender — felony basis | Gross Misdemeanor | Applies when the person was held for, charged with, or convicted of a felony. | RCW 9A.76.190(3)(a) |
| Failure to appear or surrender — gross misdemeanor or misdemeanor basis | Misdemeanor | Applies when the person was held for, charged with, or convicted of a gross misdemeanor or misdemeanor. | RCW 9A.76.190(3)(b) |
Common questions about failure to appear or surrender in Washington
Is failure to appear or surrender a felony or a misdemeanor in Washington?
It depends on the circumstances: failure to appear or surrender ranges from a Misdemeanor to a Gross Misdemeanor in Washington under RCW 9A.76.190.
Failure to appear or surrender — felony basis: Gross Misdemeanor (RCW 9A.76.190(3)(a)) · Failure to appear or surrender — gross misdemeanor or misdemeanor basis: Misdemeanor (RCW 9A.76.190(3)(b))
What are the penalties for failure to appear or surrender in Washington?
Penalties for failure to appear or surrender in Washington depend on how it is classified — from a Misdemeanor up to a Gross Misdemeanor — with the ranges set by RCW 9A.20.021; the full table of ranges by variant is published on this page.
Which Washington statute covers failure to appear or surrender?
Failure to appear or surrender is governed by RCW 9A.76.190 (Failure to appear or surrender—Affirmative defense—Penalty).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.