Washington criminal charge
Malicious prosecution in Washington
Malicious prosecution is a criminal offense under Washington law, defined by RCW 9.62.010. 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 9.62.010.
What is the penalty for malicious prosecution in Washington?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Malicious prosecution of a felony charge — Applies when the crime maliciously and without probable cause charged against the accused is a felony.; statutory maximum (RCW 9A.20.021(1)(c)); the sentence actually imposed is set by the Sentencing Reform Act standard range (RCW 9.94A.510) from the offense's seriousness level and the defendant's offender score) | discretionary | RCW 9A.20.021 |
| Fine | up to $10,000 (Malicious prosecution of a felony charge — Applies when the crime maliciously and without probable cause charged against the accused is a felony.; statutory maximum, adult offenders (RCW 9A.20.021(5)); unless a different maximum is specifically established by statute) | discretionary | RCW 9A.20.021 |
| Jail / prison | up to 90 days (Malicious prosecution of a gross misdemeanor or misdemeanor charge — Applies when the crime maliciously and without probable cause charged against the accused is 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 (Malicious prosecution of a gross misdemeanor or misdemeanor charge — Applies when the crime maliciously and without probable cause charged against the accused is a gross misdemeanor or misdemeanor.; statutory maximum, adult offenders (RCW 9A.20.021(5))) | discretionary | RCW 9A.20.021 |
Applies to crimes committed on or after July 1, 1984.
How is malicious prosecution classified in Washington?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Malicious prosecution of a felony charge | Class C Felony | Applies when the crime maliciously and without probable cause charged against the accused is a felony. | RCW 9.62.010(1) |
| Malicious prosecution of a gross misdemeanor or misdemeanor charge | Misdemeanor | Applies when the crime maliciously and without probable cause charged against the accused is a gross misdemeanor or misdemeanor. | RCW 9.62.010(2) |
Common questions about malicious prosecution in Washington
Is malicious prosecution a felony or a misdemeanor in Washington?
It depends on the circumstances: malicious prosecution ranges from a Misdemeanor to a Class C Felony in Washington under RCW 9.62.010.
Malicious prosecution of a felony charge: Class C Felony (RCW 9.62.010(1)) · Malicious prosecution of a gross misdemeanor or misdemeanor charge: Misdemeanor (RCW 9.62.010(2))
What are the penalties for malicious prosecution in Washington?
Penalties for malicious prosecution in Washington depend on how it is classified — from a Misdemeanor up to a Class C Felony — 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 malicious prosecution?
Malicious prosecution is governed by RCW 9.62.010 (Malicious prosecution).
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.