Criminal Mistreatment
CRIMINAL MISTREATMENT
What is Criminal Mistreatment?
In Washington State, charges for child abuse, neglect, and endangerment as well as elder abuse all fall within the charges of Criminal Mistreatment, of which there are several different levels. The offenses of Criminal Mistreatment are outlined RCW chapter 9A.42. In Washington, some crimes have different levels of classifications of that crime, with the most highest classifications having the most serious consequences. Criminal Mistreatment is one of these, and it has four different degrees of seriousness, Criminal Mistreatment in the Fourth Degree being the least serious, and Criminal Mistreatment in the First Degree being the most. These charges range from misdemeanors to felonies, read more on each below.
Domestic Violence Charges
Crimes involving family members can be charged as domestic violence charges. Domestic violence does not define what the offense is, it only is a designator of a relationship between the parties which can be a dating, roommate, or familial relationship. For a detailed overview of what makes a charge a domestic violence charge, and what the consequences are, please read our article on them, here. Because Criminal Mistreatment charges involve a child in your care there are often domestic violence consequences accompanying these types of charges.
What are the different charges of Criminal Mistreatment?
Criminal Mistreatment in the Fourth Degree (RCW 9A.42.037)
This offense is a misdemeanor
Punishments for a misdemeanor range as follows:
0-90 days of jail
fines of $0-$1000
Criminal Mistreatment in the Third Degree (RCW 9A.42.035)
This offense is a gross misdemeanor
Punishments for a gross misdemeanor range as follows:
0-364 days of jail
fines of $0-$5000
Criminal Mistreatment in the Second Degree (RCW 9A.42.030)
This offense is a Class C felony
Punishments for a Class C felony range as follows:
0-5 years of prison (this may vary dependent upon your offender score, history, and charges)
fines of $0-$10,000
Criminal Mistreatment in the First Degree (RCW 9A.42.020)
This offense is a Class B felony
Punishments for a Class B felony range as follows:
0-10 years of prison (this may vary dependent upon your offender score, history, and charges)
fines of $0-$20,000
Read about the elements of what is required to prove each crime below.
CRIMINAL MISTREATMENT IN THE FOURTH DEGREE
What is Criminal Mistreatment in the Fourth Degree?
This is the lowest level of the Criminal Mistreatment charges. It is defined by RCW 9A.42.037. This offense may be charged when the allegations meet the following elements:
You are a parent, or a person who has been entrusted with or assumed responsibility for a child or dependent and agreed to provide basic of necessities of life for them
You have acted with criminal negligence (meaning you failed to be aware of a substantial risk, and doing so was a gross deviation from the standard of care that a reasonable person would exercise in the same situation)
And by withholding basic necessities of life, this either:
Created an imminent and substantial risk of bodily injury to a child or dependent
Or, caused bodily injury or extreme emotional distress manifested by more than transient symptoms to the child or dependent
Note that this charge only requires any bodily injury or emotional distress manifested in some kind of lasting symptom, this is the lowest burden of harm required of the Criminal Mistreatment charges, and a small injury can suffice to charge this offense.
What are the potential consequences of a charge for Criminal Mistreatment in the Fourth Degree?
These potential consequences include:
Jail Time
For a misdemeanor the possible jail time is 0-90 days
Some alternatives to jail are community service, or electronic home monitoring
Probation
For a misdemeanor the probationary period is 2 years
Fines and Restitution
For a misdemeanor the possible fines range from $0-$1000
Restitution is reimbursement To the victim and may vary, it is considered when the victim requests it.
Classes
You may be subject to classes, for example domestic violence classes, anger management or drug and alcohol classes
No Contact Order
Courts commonly issue no contact orders, and can do so even over the victim’s objections
CRIMINAL MISTREATMENT IN THE THIRD DEGREE
What is Criminal Mistreatment in the Third Degree?
Criminal Mistreatment in the Third Degree is defined by RCW 9A.42.035, and may be charged if the allegations are as follows:
You are a parent, or a person who has been entrusted with or assumed responsibility for a child or dependent and agreed to provide basic of necessities of life for them
You have acted with criminal negligence (meaning you failed to be aware of a substantial risk, and doing so was a gross deviation from the standard of care that a reasonable person would exercise in the same situation)
And by withholding basic necessities of life, this created imminent and substantial risk of substantial bodily harm to a child or dependent person
What is Substantial bodily harm?
Substantial bodily harm is defined by WPIC 2.03.01 as a bodily injury that meets any of the following:
An injury that leaves a temporary but substantial disfigurement (for example severe bruising)
An injury that leaves a temporary but substantial impairment of a body part or organ
A fracture to any part of the body
What are the potential consequences of a charge for Criminal Mistreatment in the Third Degree?
These potential consequences include:
Jail Time
For a gross misdemeanor the possible jail time is 0-364 days
Some alternatives to jail are community service, or electronic home monitoring
Probation
For a gross misdemeanor the probationary period is 5 years
Fines and Restitution
For a gross misdemeanor the possible fines range from $0-$5000
Restitution is reimbursement to the victim and may vary, it is considered when the victim requests it.
Classes
You may be subject to classes, for example domestic violence classes, anger management or drug and alcohol classes
No Contact Order
Courts commonly issue no contact orders, and can do so even over the victim’s objections
CRIMINAL MISTREATMENT IN THE SECOND DEGREE
What is Criminal Mistreatment in the Second Degree?
Criminal Mistreatment in the Second Degree is defined by RCW 9A.42.030 and can be charged if the allegations are as follows:
You are a parent, or a person who has been entrusted with or assumed responsibility for a child or dependent and agreed to provide basic of necessities of life for them
You have acted with criminal negligence (meaning you failed to be aware of a substantial risk, and doing so was a gross deviation from the standard of care that a reasonable person would exercise in the same situation)
And by withholding basic necessities of life, this has done one of the following:
created an imminent and substantial risk of death or great bodily harm
Or, causes substantial bodily harm
What is Substantial bodily harm?
Substantial bodily harm is defined by WPIC 2.03.01 as a bodily injury that meets any of the following:
An injury that leaves a temporary but substantial disfigurement (for example severe bruising)
An injury that leaves a temporary but substantial impairment of a body part or organ
A fracture to any part of the body
What is Great bodily harm?
Great bodily harm is defined by WPIC 2.04 as a bodily injury that:
Creates a probability of death,
Causes significant serious permanent disfigurement, or
Causes a significant permanent loss or impairment of the function of any bodily part or organ.
What are the potential consequences of a charge for Criminal Mistreatment in the Second Degree?
These potential consequences include:
Jail or Prison Time
Felonies carry the possibility of prison time which is incarceration for over one year. Time under one year would be served at a local jail.
For a class C felony, the jail or prison time ranges from 0-5 years, but this may vary depending on whether you have multiple charges, enhancements, and what your offender score is which is based on your charges and criminal history.
Some alternatives to jail are community service, or electronic home monitoring
Probation or DOC Supervision
If you are sentenced to prison time, then the Department of Corrections may supervise you afterwards for a period of time depending on your charges and criminal history
If you are sentenced to local jail time then the court will supervise your probation
Fines and Restitution
For a Class C felony the possible fines range from $0-$10,000
Restitution is reimbursement to the victim and may vary, it is considered when the victim requests it.
Classes
You may be subject to classes, for example domestic violence classes, anger management or drug and alcohol classes
No Contact Order
Courts commonly issue no contact orders, and can do so even over the victim’s objections
Loss of Firearm Rights
If you are convicted of a felony, you can lose your right to possess a firearm for life
CRIMINAL MISTREATMENT IN THE FIRST DEGREE
What is an Criminal Mistreatment in the First Degree?
This is the most serious of the Criminal Mistreatment charges, and it is defined by RCW 9A.42.020. This offense may be charged when the allegations meet the following elements:
You are a parent, or a person who has been entrusted with or assumed responsibility for a child or dependent and agreed to provide basic of necessities of life for them
You have acted with criminal negligence (meaning you failed to be aware of a substantial risk, and doing so was a gross deviation from the standard of care that a reasonable person would exercise in the same situation).
This caused great bodily harm to the child or dependent by withholding any basic necessities of life.
What is Great bodily harm?
Great bodily harm is defined by WPIC 2.04 as a bodily injury that:
Creates a probability of death,
Causes significant serious permanent disfigurement, or
Causes a significant permanent loss or impairment of the function of any bodily part or organ.
The potential consequences include:
Jail or Prison Time
Felonies carry the possibility of prison time which is incarceration for over one year. Time under one year would be served at a local jail.
For a class A felony, the jail or prison time ranges from 0-life, but this may vary depending on whether you have multiple charges, enhancements, and what your offender score is which is based on your charges and criminal history.
Some alternatives to jail are community service, or electronic home monitoring
Probation or DOC Supervision
If you are sentenced to prison time, then the Department of Corrections may supervise you afterwards for a period of time depending on your charges and criminal history
If you are sentenced to local jail time then the court will supervise your probation
Fines and Restitution
For a Class A felony the possible fines range from $0-$50,000
Restitution is reimbursement to the victim and may vary, it is considered when the victim requests it.
Classes
You may be subject to classes, for example domestic violence classes, anger management or drug and alcohol classes
No Contact Order
Courts commonly issue no contact orders, and can do so even over the victim’s objections
Loss of Firearm Rights
If you are convicted of a felony, you can lose your right to possess a firearm for life
WHAT CAN I DO ABOUT A CHARGE FOR CRIMINAL MISTREATMENT?
What should I do if I am accused of Criminal Mistreatment?
If you are being accused of a crime, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly we can work to stop those charges from being filed. If you are in this situation you can schedule a free consultation here.
What should I do if I am charged with Criminal Mistreatment?
If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges. Read more about what to do if you have been arrested here, or charged with a crime here.
Can I get my case dismissed?
The answer to this question will completely depend on the facts of your case. In any case a dismissal of the charges is the best case scenario, and there are multiple ways of getting one - outright, by completing a diversion program, or by winning a trial. You may also be able to have your charge amended down to a lesser charge. We can walk you through your options and likely outcomes so that you understand what is possible for your case.
