REINSTATING YOUR RIGHTS

If your firearms rights have been affected due to a criminal conviction, it is possible to get those rights restored. Doing so can be a very complicated process, here we break down everything you need to know about reinstating your firearms rights. If you need help restoring your rights, schedule a free consultation about your options here.

Your Firearms Rights Do Not Automatically Reinstate

Many people think that after a conviction their rights will reinstate at some point, but this is not the case. You always have to actively petition to restore your firearms rights. Don’t make this mistake and end up with a criminal charge for unlawful possession of a firearm. For both State and Federal level prohibitions you must take action to reinstate your rights.

Learn more about Firearms Rights suspensions and what process you need in order to reinstate your rights below.

Restraining Orders are serious business and violating them is a crime - it can even be a felony. There are different types of orders and we discuss them all below. This article will answer common questions about No Contact Orders, including:

• How to avoid criminal charges for violating a Restraining Order

• What you can do about a Restraining Order

• What happens if the protected party wants you to have contact with them despite the order?

• What if the victim wants the Restraining Order removed?

Read on for more information.

No Contact Orders are serious business and violating them is a crime - it can even be a felony. There are different types of orders and we discuss them all below. This article will answer common questions about No Contact Orders, including:

• How to avoid criminal charges for violating a No Contact Order

• What you can do about a No Contact Order

• What happens if the protected party wants you to have contact with them despite the order?

• What if the victim wants the No Contact Order removed?

Read on for more information.

Organized Retail Theft

What constitutes a Theft?

To understand the elements of Organized Retail Theft, it helps to have an understanding of the definition of a theft. You can read about what a Theft actually is here.

Definition of Organized Retail Theft

Under RCW 9A.56.350, Organized Retail Theft can be charged when the allegations are any of the following:

• Committing theft of property valued at $750 or more from a mercantile establishment with an accomplice

• Possessing Stolen Property, as defined in RCW 9A.56.140, valued at $750 or more from a mercantile establishment with an accomplice

• Committing theft of property cumulatively valued at $750 or more from one or more mercantile establishments within a period of up to 180 days

• Both:

  • Committing theft of property cumulatively valued at $750 or more from a mercantile establishment with 6 or more accomplices and

  • Making or sending an electronic communication seeking participation in the theft in the course of planning or commission of the theft.

Mail Theft

Definition of Mail Theft

Many people have heard that taking someone else’s mail is a felony, and this is true in Washington. However, under this charge simply having one piece of another person’s mail will land you with this type of charge. Under RCW 9A.56.370, you can be charged with the offense of Mail Theft if:

• You commit a theft of mail addressed to 3 or more different addresses; or

• Commit theft of a minimum of 10 separate pieces of mail.

You may be charged with one criminal count for each set of mail that meets either of the above definitions. So for example, if you have multiple groups of 10 or more pieces of mail, each group of 10 may be charged as one count of Mail Theft.

Potential Outcomes for a charge of Mail Theft

As a felony, this charge carry some serious consequences. A good outcome on a felony charge such as this could range from getting a dismissal of your case, a reduction to a misdemeanor, or reducing the jail or prison time. Your options will depend on the facts of the case and your history. For a personalized consultation, contact us here.

Potential punishments for a conviction 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

• Probation or DOC Supervision if you serve time in the Department of Corrections.

• Restitution

• Classes or Treatment

• Prohibition of Possessing Firearms

• A No Contact Order with the alleged victim of the Theft

Definition of Possessing of Stolen Property

According to RCW 9A.56.140, Possessing Stolen Property is defined as follows:

• To knowingly receive, retain, possess, conceal, or dispose of stolen property

• Knowing that it has been stolen; and

• To withhold or appropriate it for the use of someone other than the true owner

This is the case regardless of whether the person who stole the property has been charged or identified. All of these elements must be proven beyond a reasonable doubt. Therefore if it cannot be proved that you had knowledge that the property was stolen, then you cannot be convicted of this offense.

Different Degrees of Seriousness

In Washington, some crimes have multiple levels of seriousness, and Possessing Stolen Property is one of these charges. The more serious the charge, the more severe the potential punishment can be. Possessing Stolen Property in the First Degree, which is a felony is the most serious, and Possessing Stolen Property in the Third Degree, a misdemeanor is the least serious. All are outlined below.

Extortion

Definition of Extortion

RCW 9A.56.110 defines Extortion as:

• Either:

  • Knowingly obtaining by threat; or

  • Attempting to obtain by threat

• Property or services of the owner

This definition explicitly states that it includes sexual favors. All of these elements must be proven beyond a reasonable doubt, therefore if any element fails the case may not be able to be proven.

Extortion in the First Degree or Second Degree

In Washington, some offenses have multiple degrees of seriousness, and Extortion is one of these charges; with Extortion in the First Degree being the most serious. The more serious the charge, the more severe the potential consequences can be. both charges are outlined in detail below.

• Extortion in the Second Degree

• Extortion in the First Degree

Fraud Charges

What kind of cases are charged as Fraud?

There are a variety of crimes that can be classified as fraud related charges. In some cases fraud charges involve allegations of theft and can be charged as a Theft charge; other times it involves the use of someone else’s identity or financial information. In fact, sometimes even simply having someone’s identification card or debit card can lead to felony charges. Although some cases may be simple, financial fraud cases can also become very complicated with a large amount of financial documents and records that your attorney will need to review to build your case.

What are some common fraud charges?

To read more about a charge in detail, read on below.:

• Identity Theft

• Possession of Another’s Identification

• Financial Fraud

• Unlawful Issuance of Checks or Drafts

Firearm Theft or Possession of a Stolen Firearm

Theft Offenses Specific to Firearms

Washington State has offenses for both Theft and the Possession of Stolen Property; but those charges do not apply to cases regarding Firearms. Washington State has specific charges for allegations of both theft of firearms or the possession of a firearm that has been stolen.

Are these offenses misdemeanors or felonies?

Almost all offenses involving firearms are felonies, and that is the case for both of these charges. Read about each charge and the potential consequences of them below.

Read more on Each:

Theft of a Firearm

Possessing a Stolen Firearm

Definition of Residential Burglary

RCW 9A.52.025 defines a Residential Burglary as the following:

• Entering or unlawfully remaining in a dwelling

• With the intent to commit a crime within

• This charge is a Class B felony.

A Burglary does not have to involve a Theft

Most people believe that the charge of Burglary has something to do with a theft, but that is not necessarily the case. People can be charged with Burglary without ever stealing or intending to steal anything at all. Burglary is a property crime as it does have to do with allegations of unlawfully gaining entrance to a building. However, a Burglary can be charged under RCW Chapter 9A.52 when a person enters a building with the intent to commit any crime inside, not just a theft.

Residential Burglary and No Contact Orders

Residential Burglary is often charged in cases of Violating a No Contact Order, although some people find it shocking that a charge for Burglary can stem from something like this. As outlined above, a Burglary does not have to involve a theft, only the attempt to commit a crime. Therefore, if you have a No Contact Order in place prohibiting you from contacting a person or entering their home, you can be charged with Burglary for entering their property in violation of that order. This is because violating the order is the underlying crime you intended to commit upon entering, which meets the definition of a Burglary. These crimes are regularly charged as Domestic Violence, which you can read more about here.

Burglary

Definition of Burglary

Most people believe that the charge of Burglary has something to do with a Theft, but that is not necessarily the case. Someone can be charged with Burglary without ever stealing or intending to steal anything at all. Burglary is a property crime as it does have to do with allegations of unlawfully gaining entrance to a building. However, a Burglary can be charged under RCW Chapter 9A.52 when a person enters a building with the intent to commit any crime inside, not just a theft. The definition of this charge is outlined in more detail below as we break down both Burglary in the Second Degree and Burglary in the First Degree. Read on to learn more about each.

Burglary involves allegations of either entering or remaining unlawfully in a building. So understanding these definitions is important to understanding whether or not a Burglary charge can be established.

Definition of Entering

Under RCW 9A.52.010, “entering” is defined as: The entrance of any part of your body or an instrument you are holding that is used or intended to be used to threaten, intimidate or detach or remove property. This means that as soon as you or an object you are holding to accomplish the burglary crosses into the threshold of the building, the “entering” element of this charge has been established.

Definition of Unlawfully Remaining

Under RCW 9A.52.010, “unlawfully remaining” is established if you are on the premises of a property and have not been licensed, invited, or otherwise permitted to be there.

This also includes the following situations:

• Being in a public building, but entering into a restricted are you are not permitted to be in

• Overstaying beyond the period of time you are lawfully allowed to remain

• Entering into fenced in or improved property

• Entering upon apparently unused land where you have been told it would be trespassing, or conspicuous signage declares as such

Robbery

Definition of Robbery

Because Robbery is a crime with multiple offenses that slightly differ in their definitions and requirements, it is important to first understand the definition of a Robbery. With any crime, the prosecutor must prove every element of that crime beyond a reasonable doubt. The below definition outlines what each element is that must be proven.

RCW 9A.56.190 defines Robbery as follows:

• Unlawfully taking personal property

• Either:

  • From their (or another’s) person; or

  • In their presence against their will by

    • use or threat of immediate force,

    • violence, or

    • fear of injury to the person, their property or the person or property of anyone.

What level of force?

According to RCW 9A.56.190 degree of the force does not matter, therefore it can be very minimal. The force or fear must be used to:

• Obtain or retain possession of the property

• Or prevent or overcome resistance to the taking

In fact, according to the law the person this force was used against does not even have to be aware of that force, if their knowledge of it was prevented because of the force or fear used. This differs from an Assault, which requires the person to have fear or apprehension.

Two Degrees of Seriousness

In Washington some crimes have multiple degrees of seriousness, and this is one such charge. Robbery has two degrees of seriousness, with First Degree being the most serious. Both are discussed below.

Vehicle Prowling

Definition of Vehicle Prowling

Vehicle Prowling is a charge that often accompanies charges related to vehicle theft. These offenses are charged when someone is inside a vehicle without permission and the facts indicate they were intending to commit a crime.

Two Degrees of Seriousness

In Washington some crimes have multiple degrees of seriousness, and this is one such charge. Vehicle Prowling has two degrees of seriousness, with First Degree being the most serious. Both are discussed below.

Read more on each below.

Vehicle Prowling in the Second Degree

Vehicle Prowling in the First Degree

Possession of a Stolen Vehicle

Definition of Possession of a Stolen Vehicle

RCW 9A.56.068 simply defines this charge as being in possession of a stolen vehicle. This is a Class B felony. However, the definition of this charge is more complicated as it depends on the definitions of both possession and whether it is knowing. WPIC 77.21 outlines the elements of this charge that must be proven beyond a reasonable doubt to convict someone of this charge. Each of these elements must be proven beyond a reasonable doubt. This definition of possessing a stolen motor vehicle is:

• To knowingly

  • Receive, retain, possess, conceal, or dispose of

  • A stolen motor vehicle

• Knowing that it has been stolen; and

• To withhold or appropriate the same to the use of any person other than the true owner or person entitled thereto.

What this definition actually means

What this means is that first, your possession of the vehicle had to be knowing, so for example if a third party dumped a stolen vehicle on your property without your awareness of it, that would not be a knowing possession. The vehicle also had to be stolen, and there needs to be evidence that you knew it was stolen. So for example, if a friend asked to store their car on your property and you believed they lawfully owned that car, then you had no knowledge the vehicle was stolen. Even if someone told you the car was stolen but it was not in fact a stolen car, then this element cannot be proven. Lastly, this requires that you acted to appropriate the true owner of the car of its use by possessing it - this would even encompassing “borrowing” the vehicle, as the owner would not be free to use the vehicle during the time it was borrowed if they had wanted to which interferes with their legal right to use it.

Taking a Motor Vehicle without Permission

Definition of Taking a Motor Vehicle without Permission

Unlike Theft of a Motor Vehicle, this charge does not require the person charged to have intended to deprive the owner of their property, simply taking that vehicle without permission, even with the intent to return it is sufficient. Taking a Motor Vehicle without Permission is often charged when a family member or friend borrows someone vehicle without asking.

Two Degrees of Seriousness

In Washington some crimes have multiple degrees of seriousness, and this is one such charge. Taking a Motor Vehicle without Permission has two degrees of seriousness, with First Degree being the most serious. Both are discussed below.

Read more on both below.

Taking a Motor Vehicle without Permission in the Second Degree

Taking a Motor Vehicle without Permission in the First Degree

Theft of a motor vehicle

Definition of Theft of a Motor Vehicle

First, we must review the definition of theft. Under RCW 9A.56.020, Theft is defined as:

• Wrongfully obtaining or exerting control over,

• The property of or services (or value of) of another,

• With the intent to deprive that person of the property

Theft of a Motor Vehicle can be charged under RCW 9A.56.065, when the alleged theft is of a motor vehicle. This charge is a Class B felony.

Potential Outcomes for a charge of Theft of a Motor Vehicle

As a Class B felony, this charge carries serious consequences. A good outcome on a felony charge such as this could range from getting a dismissal of your case, a reduction to a misdemeanor, or reducing the jail or prison time. Your options will depend on the facts of the case and your history. For a personalized consultation, contact us here.

Potential punishments for a conviction 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

• Probation or DOC Supervision if you serve time in the Department of Corrections.

• Restitution

• Classes or Treatment

Motor Vehicle Theft charges

What qualifies as a motor vehicle in Washington?

Most cases involving motor vehicles involve cars and trucks. However, Washington has a much broader definition of motor vehicles than many people realize. Which means you could be charged with motor vehicle offenses involving “vehicles” you may not expect. In fact in State v Barnes, a man in Washington was once charged with Theft of a motor Vehicle for the theft of a lawnmower - which lead to the Court of Appeals decision that a lawnmower does not count as a motor vehicle. Theft charges typically exclude things like golf carts and bicycles, however there are situations where you can face criminal charges involving a vehicle like a golf cart, depending on what the charge is. We have handled cases where clients were facing jail time for allegations involving driving a golf cart, so this can actually happen to people as surprising as it may sound.

A motor vehicle is defined by RCW 46.04.670 as:

• A device capable of being driven on the highway; or

• Property upon which persons or property may be transported on a highway

What are the charges for vehicle theft in Washington?

In Washington there are specific charges relating to allegations of theft and the possession of motor vehicles. There are also specific charges for situations that often accompany allegations of motor vehicle theft, for example vehicle prowling. These offenses vary greatly in what it takes for the State to prove these charges and convict you, as well as what the potential punishments can be. Therefore, we have articles addressing each of these common charges specifically.

Click on a charge below for more information:

• Theft of a Motor Vehicle

• Taking a Motor Vehicle without Permission (in the First or Second Degree)

• Possession of a Stolen Vehicle

• Vehicle Prowling

What are the different charges of Theft?

There are many charges classified as theft offenses

There are many crimes that fall under the umbrella of theft offenses in Washington, which you can find more about here. There are charges that apply to specific types of theft situations. However, this article reviews the general charge of “Theft” which has several classifications.

The three degrees of Theft in Washington

The general charge of Theft In Washington has three varying levels of seriousness ranging from misdemeanor to felony as outlined below. These levels are primarily differentiated by the value of the alleged theft. Read more about each below.

Theft in the Third Degree

Theft in the Second Degree

Theft in the First Degree

Read more on each!