Wash. Rev. Code » Title 9 · Chapter 9.92
Revised Code of Washington

Wash. Rev. Code § 9.92.030 (2026)

Punishment of misdemeanor when not fixed by statute

✓ current as of May 2026
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Every person convicted of a misdemeanor for which no punishment is prescribed by any statute in force at the time of conviction and sentence, shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars or both such imprisonment and fine.
[ 1982 1st ex.s. c 47 s 7; 1909 c 249 s 14; Code 1881 s 785; RRS s 2266.]

Notes:

Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.
Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1960–2026 · leading case: State v. Smith, 610 P.2d 869 (Wash. 1980).
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State v. Smith, 610 P.2d 869 (Wash. 1980). · cites it 2× “401(d) (now (e)), which makes possession of any amount of marijuana a misdemeanor meets the requirement of the Eighth Amendment and Const.”
Wahleithner v. Thompson, 134 Wash. App. 931 (Wash. Ct. App. 2006). “RCW 9.92.030. ¶21 The statutes give judges broad authority to suspend jail time in misdemeanor cases, to impose conditions upon suspended sentences, and to revoke the suspension in whole or in part upon violation of a condition of probation.”
State v. Hassan, 151 Wash. App. 209 (Wash. Ct. App. 2009). “4014; RCW 9.92.030. ¶27 Second, unlike in Ward, Hassan’s defense did not apply to both the greater and the lesser included offense.”
State v. Hassan, 211 P.3d 441 (Wash. Ct. App. 2009). “4014; RCW 9.92.030. ¶ 27 Second, unlike in Ward, Hassan's defense did not apply to both the greater and the lesser included offense.”
City of Bellingham v. Schampera, 356 P.2d 292 (Wash. 1960). · cites it 2× “) Specifically, RCW 9.92.030 fixes the punishment for the misdemeanors referred to in RCW 35.”
Harris v. Charles, 256 P.3d 328 (Wash. 2011). “021(3); RCW 9.92.030. Even for a gross misdemeanor, the default maximum penalty is one year in jail and a $5,000 fine.”
Harris v. Charles, 171 Wash. 2d 455 (Wash. 2011). “021(3); RCW 9.92.030. Even for a gross misdemeanor, the default maximum penalty is one year in jail and a $5,000 fine.”
State v. Saunders, 132 P.3d 743 (Wash. Ct. App. 2006). “090; RCW 9.92.030. We agree and vacate the sentence and remand for resentencing within the statutory limits.”
State v. Saunders, 132 P.3d 743 (Wash. Ct. App. 2006). “090; RCW 9.92.030. We agree and vacate the sentence and remand for resentencing within the statutory limits.”
State v. Pittman, 134 Wash. App. 376 (Wash. Ct. App. 2006). “”); (“It doesn’t add up. What it adds up to is a trespass.”
State v. Boatman, 700 P.2d 1152 (Wash. 1985). “RCW 9.92.030. Due process also prohibits the inherent power basis to justify the trial court's actions.”
Harris v. Charles, 214 P.3d 962 (Wash. Ct. App. 2009). “RCW 9.92.030; RCW 9A.20.021(3). In general, the maximum punishment for a person convicted of a gross misdemeanor is a year in the county jail, a fine of five thousand dollars, or both.”
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