In Washington state property crime generally involves the taking of money or property. It does not involve the person being accused of force or threat of force. If you have been arrested for a property crime or a more serious criminal offense, it is always important to exercise your rights and to understand all of your defense options. We will provide an honest assessment of your case and knowledgeable advice about going forward.
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- If you have been accused of theft or shoplifting in Washington State, a variety of things will be considered when your case is reviewed by a lawyer or the courts, particularly the value of what you may have stolen. The type of punishment you are given by the court, if you are convicted of theft, also will depend on how serious the theft is. Ultimately, the value of the stolen item or service determines the consequence for theft.
Degrees of theft in Washington State
As is the case in many states, theft in Washington State is separated into three different categories, called degrees. Each degree is determined by the value of the stolen item or service:
- Third-degree theft. The item or service is worth less than $750.
- Second-degree theft. The item or service is worth more than $750 but less than $5,000.
- First-degree theft. The item or service is worth more than $5,000.
Each degree has an associated maximimum sentence and/or fine.
Maximum sentences for Washington State theft
Each degree of theft is also considered a particular type of crime, such as a misdemeanor or a felony, by the courts. The maximum sentence for each degree of theft depends on the type of crime.
- Third-degree theft. This is considered a gross misdemeanor (minor crime). If convicted of a gross misdemeanor, you can be given a maximum sentence of 365 days in jail and/or a $5,000 fine (subject to change).
- Second-degree theft. This is considered a Class C felony (serious crime). If convicted of a Class C felony, you can be given a maximum sentence of 5 years in jail and/or a $10,000 fine (subject to change).
- First-degree theft. This is considered a Class B felony. If convicted of a Class B felony, you can be given a maximum sentence of 10 years in jail and/or a $20,000 fine (subject to change).
Keep in mind that these are the maximum sentences. If you are accused of any of these crimes but have little or no criminal history, it’s unlikely that you will receive the maximum sentence.
It’s also important to know that different laws apply for theft of motor vehicles, livestock, and firearms. In addition, crimes considered robbery, possession of stolen property, and/or extortion (getting money or valuable goods by abusing your position of authority, or through intimidation) are charged under different laws.
If you are accused of theft in Washington State
If you are accused of theft in Washington State, it’s advisable to contact an attorney in order to understand your options. Resolutions vary widely and include, but are not limited to, the following:
- Pleading guilty or not guilty.
- Being found guilty or not guilty if your case goes to trial.
- Asking the victim of the theft for a Compromise of Misdemeanor (after you have adequately compensated the owner for the item).
- Asking for a deferral (in which case a guilty plea could be withdrawn if you meet certain conditions set by the court).
- Making an agreement (Stipulated Order of Continuance) with the prosecutor.
The last three options are often reserved for people with little or no criminal history.
- In Washington State, malicious mischief is a crime that happens when you cause physical damage to someone else’s property. Malicious mischief can include erasing records, information, data, computer programs, or similar computer-related files that are recorded for use in computers. It can also include the impairment, interruption, or interference with the use of these records.
When your case is reviewed by a lawyer or the courts, a variety of things will be considered, particularly the value of the item you may have damaged. Ultimately, the consequence for malicious mischief in Washington State is based on the value of the damaged item.
Degrees of malicious mischief in Washington State
As is the case in many states, malicious mischief in Washington State is separated into three different categories, called degrees. Each degree is determined by the value of the damaged item:
- Third-degree malicious mischief. The item is worth $750 or less.
- Second-degree possession. The item is worth more than $750 but less than $5,000.
- First-degree possession. The item is worth more than $5,000.
Each degree has an associated maximimum sentence and/or fine.
Maximum sentences for malicious mischief in Washington State
Each degree of malicious mischief is also considered a particular type of crime, such as a misdemeanor or a felony, by the courts. The maximum sentence for each degree of malicious mischief depends on the type of crime it is considered.
- Third-degree malicious mischief. If the property is worth less than $50, the malicious mischief is considered a misdemeanor (minor crime), which has a maximum sentence of 90 days in jail and/or a $1,000 fine. If the property is worth more than $50, the crime is still third-degree malicious mischief, but you will be charged with a gross misdemeanor, which has a maximum sentence of 365 days in jail and/or a $5,000 fine (subject to change).
- Second-degree malicious mischief. This is considered a Class C felony (serious crime). If convicted of a Class C felony, you can be given a maximum sentence of 5 years in jail and/or a $10,000 fine (subject to change).
- First-degree malious mischief. This is considered a Class B felony. If convicted of a Class B felony, you can be given a maximum sentence of 10 years in jail and/or a $20,000 fine (subject to change).
Keep in mind that these are the maximum sentences. If you are accused of any of these crimes but have little or no criminal history, it’s unlikely that you will receive the maximum sentence.
If you are accused of malicious mischief in Washington State
If you are accused of malicious mischief in Washington State, it’s advisable to contact an attorney in order to understand your options. Resolutions vary widely and include, but are not limited to, the following:
- Pleading guilty or not guilty.
- Being found guilty or not guilty if your case goes to trial.
- Asking the owner of the damaged property to request a Compromise of Misdemeanor (after you have adequately compensated the owner for the damage).
- Asking for a deferral (in which case a guilty plea could be withdrawn if you meet certain conditions set by the court).
- Making an agreement (Stipulated Order of Continuance) with the prosecutor.
The last three options are often reserved for people with little or no criminal history.
- In Washington State, possession of stolen property is a crime that happens when you receive, have (possess), conceal, or destroy/discard stolen property. A variety of things will be considered when your case is reviewed by a lawyer or the courts, particularly the value of what you may have in your possession.Ultimately, the consequence for possession of stolen property in Washington State is tied to the value of the item in possession.
Degrees of possession of stolen property in Washington State
As is the case in many states, possession of stolen property (possession) in Washington State is separated into three different categories, called degrees. Each degree is determined by the value of the stolen item:
- Third-degree possession. The item is worth less than $750.
- Second-degree possession. The item is worth more than $750 but less than $5,000, or is an access device (e.g. a card, code, or other security device giving someone access to bank account or other private information).
- First-degree possession. The item is worth more than $5,000.
- Each degree has an associated maximimum sentence and/or fine.
Maximum sentences for possession of stolen property in Washington State
Each degree of possession is also considered a particular type of crime, such as a misdemeanor or a felony, by the courts. The maximum sentence for each degree of possession depends on the type of crime it is considered. It’s important to know that courts do not care if the person who actually stole the property has not been convicted, caught, or identified, and do not allow lawyers to use this reason as a defense for their clients who have been charged with possession.
- Third-degree possession. This is considered a gross misdemeanor (minor crime). If convicted of a gross misdemeanor, you can be given a maximum sentence of 365 days in jail and/or a $5,000 fine (subject to change).
- Second-degree possession. This is considered a Class C felony (serious crime). If convicted of a Class C felony, you can be given a maximum sentence of 5 years in jail and/or a $10,000 fine (subject to change).
- First-degree possession. This is considered a Class B felony. If convicted of a Class B felony, you can be given a maximum sentence of 10 years in jail and/or a $20,000 fine (subject to change).
Keep in mind that these are the maximum sentences. If you are accused of any of these crimes but have little or no criminal history, it’s unlikely that you will receive the maximum sentence.
If you are accused of possession of stolen property in Washington State
If you are accused of possession of stolen property in Washington State, it’s advisable to contact an attorney in order to understand your options. Resolutions vary widely and include, but are not limited to, the following:
- Pleading guilty or not guilty.
- Being found guilty or not guilty if your case goes to trial.
- Asking for a deferral (in which case a guilty plea could be withdrawn if you meet certain conditions set by the court).
- Making an agreement (Stipulated Order of Continuance) with the prosecutor.
The last two options are often reserved for people with little or no criminal history.
- A shoplifting or retail theft charge travels on two separate tracks. The first track is the criminal liability and is being prosecuted by the City or State. The second track is the civil liability and is being brought by the retailer. This article is to help explain the Statute on the secondary track regarding civil liability. For more on the criminal liability of a shoplifting charge, you can visit the article Theft in Washington State.
The controlling statute for civil liability is RCW 4.24.230. As you read the statute you can see that it is divided into five sections.
Section One
The first section sets forth that if a person deprives a store owner of their goods that person can be liable for a penalty to the owner or seller in the amount of the retail value of the item, no more than two thousand eight hundred fifty dollars. There is an additional penalty of not less than one hundred dollars and not more than six hundred fifty dollars.
Section Two
The second section restates the first section but also sets forth this legal liability extends to parent or legal guardian having the custody of an unemancipated minor. However, it does not extend to governmental entity, private agency, or foster parent assigned responsibility for the minor child pursuant to court order or action of the department of social and health services.
Section Three
Section three of the statute provides that the claim can also be assigned. Which means that the store can give away the right to bring the civil claim. As such, a majority of these claims are not brought by the store in which the alleged theft took place. Instead they are brought by a law firm, often not even located in this state.
Section Four
Section four of the statute sets forth that the criminal and civil claim are each on independent track. The outcome of one does not serve to affect the outcome of the other.
Section Five
Section five of the statute provides that notices must include the statement, “IMPORTANT NOTICE: The payment of any penalty demanded of you does not prevent criminal prosecution under a related criminal provision.” This is to put the person on notice that even if you make the payment demanded in the letter, it will not prevent prosecution from the State or City in the criminal matter. The important thing to understand is that, despite this disclaimer, the way that the civil matter is negotiated may have an effect on the outcome of the liability in the criminal matter. As such, always let your criminal defense attorney know if you received a notice demanding civil damages.
If you are accused of Shoplifting or Retail Theft in Washington State and being charged in the civil matter
If you are accused of theft in Washington State, it’s advisable to contact an attorney in order to understand your options. Resolutions vary widely and a demand for civil damages can be disputed. If you have further question you can contact your Seattle Criminal Defense Lawyer about shoplifting and retail theft for a free consultation.
