What are Theft Offenses in Washington?

In Washington there are different theft offenses for different situations, and they range from misdemeanors to felonies. In Washington State some offenses have different levels of classifications, with the most serious classifications having the most serious consequences. For example a regular Theft charge has three different degrees of seriousness, Theft in the Third Degree being the least serious, and Theft in the First Degree being the most.

Here is a list of Common Washington Theft Offenses:

Read more about a charge by clicking on it below:

• Theft:

  • Theft in the Third Degree

  • Theft in the Second Degree

  • Theft in the First Degree

• Motor Vehicle Theft Offenses:

  • Theft of a Motor Vehicle

  • Possession of Stolen Vehicle

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

  • Making or Possessing Motor Vehicle Theft Tools

  • Vehicle Prowling

• Possession of Stolen Property (in the First or Second or Third Degree)

• Extortion (in the First or Second Degree)

• Robbery (in the First or Second Degree)

• Burglary

• Residential Burglary

• Firearm Theft Offenses

  • Theft of a Firearm

  • Possession of a Stolen Firearm

• Fraud Charges

  • Financial Fraud

  • Possession of Another’s Identification

  • Unlawful Issuance of Checks or Drafts

• Mail theft

• Retail Theft

HOW WE CAN HELP WITH YOUR WHIDBEY ISLAND CRIMINAL CASE

We have experience and a good reputation in this community

I lived on Whidbey Island, and began my career as an attorney as a public defender in Island County from misdemeanors in the District Court to the most serious Felony cases in Superior Court. Because of that experience, I spent every day in the courts and jails of Island County. I understand the expectations and preferences of the judges, and I know what you need to do to be able to navigate the Island County legal system through the jails and courts.

I have handled a wide variety of cases in this county, including through a successful win at trial. I have also helped clients get into diversion programs, including working with the Island County Drug Court program. I can help you achieve the absolute best outcome for your case, no matter the seriousness.

As an attorney in this community I am known for fiercely advocating for my clients, but also being a professional who my peers enjoy working with, even when we are adversaries. This is how I get the best results for my clients, by fighting for you and being a trusted and hardworking legal professional.

We believe in the work that we do

I truly got into criminal defense because I care about helping people. As an attorney I don’t believe that being a tough adversary in the courtroom comes at the cost of compassion. I am here to walk you and your family through the most difficult time in your life, and help you look at the whole picture. People are far more than just the things they have been accused of, my job is to listen to you and tell your story while helping you get your best possible outcome.

Stalking

What is Stalking?

Under RCW Chapter 9A.46.110, Stalking may be charged when the allegations are as follows:

• Without lawful authority, you have:

  • Intentionally and repeatedly harassed someone

  • Intentionally and repeatedly followed someone

  • Intentionally contacted, followed, tracked, or monitored, someone after being given actual notice that person does not want them to; or attempted to do so

  • Knowingly and without consent installed or monitored an electronic tracking device to track the location of another person

• And the person subject to this suffers substantial emotional distress or fear that the stalker intends to injure them, another person, or their property or another’s property

What actually is substantial emotional distress or fear?

Substantial emotional distress or fear is measured by what a reasonable person in the same situation would experience given the totality of the circumstances.

In the case of using a tracking device, under this law he victim's knowledge of the tracking device is considered to be sufficient to have reasonably elicited substantial emotional distress or fear.

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 crimes, with the most serious 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.

What are the different charges of Criminal Mistreatment?

• Criminal Mistreatment in the Fourth Degree

  • 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

  • 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

  • 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

  • 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

Kidnapping

What qualifies as Kidnapping?

In Washington State there are different levels of classifications of crimes, with the most serious classifications having the most serious consequences. Kidnapping has two levels of seriousness, with Kidnapping in the First Degree being the most serious, and Kidnapping in the Second Degree being the lesser. Both charges require an allegation that a person has been abducted.

Abducting is defined as:

• Restraining by either secreting (hiding) or holding a person (physically restraining them)

• Without that person’s consent

• There must be some evidence that the defendant in fact limited the victim's liberty. (State v. Dillon, 163 Wn.App. 101, 257 P.3d 678 (2011))

If not all of these elements are met you cannot be found guilty. So it must be proven beyond a reasonable doubt that you both restrained the person, and it was against there consent, along with the other elements discussed for each particular charge below.

Unlawful Imprisonment

What qualifies as Unlawful Imprisonment?

Under RCW 9A.40.040, Unlawful Imprisonment is a crime that can be charged if you knowingly restrain another person. It is a Class C felony. This charge often arises as a lesser charge of Kidnapping, which requires more than just restraining a person. The definition of “restraining” someone has the following basic elements, all of which must be proved beyond a reasonable doubt to convict you of this charge:

• restricting a person’s movement

• without that person’s consent

• without legal authority

• in a manner that interferes with that person’s liberty

If not all of these elements are met you cannot be found guilty. So for example, if you restrained another person from stepping off of a curb so they would not get hit by oncoming traffic, then you would not meet these elements as you would likely have done so believing you had lawful authority (to save them from harm) and it would likely not be seen as interfering with their liberty for the same reason.

Malicious Mischief

What is Malicious Mischief?

Malicious Mischief is a charge that relates to the damage or destruction of property, although it may not be clear by the name of the charge. Malicious Mischief charges require that the damage was done knowingly and maliciously at a minimum. In Washington State there are different levels of classifications of crimes, with the most serious classifications having the most serious consequences. Malicious Mischief has three different degrees of seriousness, Malicious Mischief in the Third Degree being the least serious, and Malicious Mischief in the First Degree being the most.

What makes Malicious Mischief a misdemeanor or a felony?

It generally comes down to the dollar value of the amount of damage that is allegedly caused. Although there are some circumstances other than the value that can make this charge a felony. See below.

• Malicious Mischief in the Third Degree (Gross Misdemeanor) RCW 9A.48.090

  • This charge is a gross misdemeanor

  • If damage is valued at $750 or less

• Malicious Mischief in the Second Degree (Class C Felony) RCW 9A.48.080

  • If the damage is valued at over $750

  • If damage was done to an emergency, public utility or public transportation vehicle that created a risk of interrupting a public service

  • If damage was done to a ballot box that created a risk of interrupting public services

• Malicious Mischief in the First Degree (Class B Felony) RCW 9A.48.070

  • If the damage is valued at over $5,000

  • If damage was done to an emergency, public utility or public transportation vehicle that actually caused an interruption of a public service

  • If damage was done to a ballot box that actually caused an interruption of public services

  • If the damage was done to an aircraft or aircraft equipment, and caused an impairment to the safety, efficiency, or operation of it.

Violating a no contact order

Violation of a court order is usually a misdemeanor, but can be charged as a felony

Violating a No Contact Order in Washington State is a gross misdemeanor under RCW chapter 9A.46.080. However, there are circumstances that can make this offense chargeable as a felony. A violation of a no contact order may be charged as a felony if these circumstances apply:

• The violation of the no contact order is alleged to have been paired with an assault

• If you have two prior convictions for violation of a no contact order

• If you go inside a home you are prohibited from entering by a no contact order, it can be charged as a residential burglary

What it means to violate a court order

There are two types of No Contact Orders:

• Civil, which are the result of a request by the victim at a civil hearing in which you can appear and dispute the issuing of the order

• Criminal, which are standard issue in criminal cases and can be issued even over the victim’s objections.

When the court issues a No Contact Order or other anti-harassment order it comes with set conditions of what type of contact is not allowed. When an order says no contact, it means no contact. Some courts may provide exceptions (for example to exchange children pursuant to a custody agreement), but those exceptions would be listed in the order itself. When a No Contact Order has been issued you cannot contact the protected party in person, through electronic means, or pass messages through a third party. The order can also restrict you from going to places such as the victim’s residence, place of work, or school - this can result in removing people from their own home if the alleged victim also lives there. They also usually come with a distance provision of how far away from the victim you must stay - which means should you run into the protected party somewhere in public you are required to leave immediately.

INTERFERING WITH REPORTING A DOMESTIC

What is required to charge you with interfering with the reporting of domestic violence?

Interfering with a report for domestic violence is made a crime under RCW chapter 9A.36.150. This crime can be charged when you have been accused of a crime of domestic violence, and are also accused of interfering or attempting to interfere with the alleged victim making a report of the crime to 911 for either law enforcement intervention or medical services.

Domestic Violence Charges

As you can see, the commission of a domestic violence offense is an element of this crime, so to be charged with this offense you must have also been accused of committing a crime of domestic violence. Many types of crimes can be charged as a domestic violence offense. The term “Domestic Violence” is a legal term, it is not a description of a type of crime. If a crime is labeled as domestic violence, it means that there is 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.

DISORDERLY CONDUCT

Disorderly Conduct in Washington State is a misdemeanor defined by RCW chapter 9A.84.030. Disorderly conduct is often charged when someone is creating a public disturbance, or as a lesser for other more serious charges like Assault.

What is Disorderly Conduct?

There are many ways a person might end up charged with disorderly conduct. It often happens when someone is accused of being disruptive, aggressive, or offensive. Here is a list according to the law of what situations can lead to a charge of disorderly conduct:

• Using abusive language and creating a risk of assault

• Intentionally disrupting a lawful assembly or meeting

• Intentionally obstructing vehicular or pedestrian traffic without lawful authority

• Intentionally engaging in fighting, tumultuous conduct or making unreasonable noise, within five hundred feet of: a funeral, funeral home or a burial

Assault Charges

Assault in Washington State is governed by RCW chapter 9A.36. In Washington, there are different levels of classifications of crimes, with the most serious classifications having the most serious consequences. Assault has four different degrees of seriousness, Assault in the Fourth Degree being the least serious, and Assault in the First Degree being the most.

Domestic Violence Assault Charges

Assault charges are often charged as domestic violence charges. This is because there is often a relationship between the person being charged and the alleged victim. 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.

What is an Assault?

In Washington, an assault is defined as: an intentional touch or strike with unlawful force that is harmful or offensive; OR placing someone in reasonable fear or apprehension that such will occur. This means that an assault can charged when you touch someone or a harmful or offensive way, but also just if you have placed them in reasonable fear of it happening, even if it did not. Note that this definition in itself does not actually require harm to be caused. Intent can also transfer. For example, if you meant only to scare the person but then actually hit them the intent transfers and you can be charged with assault. The same is true if you intend to assault someone else and accidently assault another person instead.

• Intentional means it must be proved it was not a mere accident

• A touch or strike can be the lightest touch, for example a poke. It can also by accomplished by way of an object, for example throwing an object at someone or shooting them is also an assault.

• Unlawful means it was unconsented to, harmful or offensive

• Reasonable fear or apprehension means the average reasonable person in that situation would be afraid the touch would occur

What is a domestic violence offense?

The term “domestic violence” is a term of art, meaning that the legal meaning is different from what the term may mean to you. In the eyes of the law, domestic violence means there is a relationship between the person alleged to have committed the crime, and the alleged victim. That means that domestic violence is not a classifier of the type of crime that occurred, but only a designator of the relationship between the parties.

Who qualifies as a victim of domestic violence?

• a family member

• a person you live with

• an “intimate partner”, which may be any of the following:

• a current or former spouse or domestic partner

• someone you currently are, or were in a dating relationship with.

• someone that you have or had a child with

• someone you previously lived with

What types of offenses are considered domestic violence?

Domestic violence crimes are classified by the relationship, not by the type of offense. So, there are various types of crimes that can be considered domestic violence crimes. Some of these charges may sound surprising. For example, a vandalism charge may not sound like what you would expect in a domestic violence offense. However, if the offense is alleged to be committed against a spouse it can be charged that way; for example, damaging your partner’s property during an argument, can be considered a domestic violence offense.

Violating a Restraining order

Violation of a court order is usually a misdemeanor, but can be charged as a felony

Violating a Restraining Order in Washington State is a misdemeanor under RCW chapter PC 273.6. However, there are circumstances that can make this offense chargeable as a felony. An intentional and knowing violation of a restraining order is charged as a misdemeanor. However, it may be charged as a felony if it is your second violation and the violation involved an act of violence.

What it means to violate a court order

There are two types of restraining order :

• Civil, which are the result of a request by the victim at a civil hearing in which you can appear and dispute the issuing of the order

• Criminal, which are standard issue in criminal cases and can be issued even over the victim’s objections.

When the court issues a restraining order or other anti-harassment order it comes with set conditions of what type of contact is not allowed. When an order says no contact, it means no contact. Some court may provide exceptions (for example they may allow you to have contact with your spouse, but you may not discuss the case, harass, or harm them). Exceptions of contact that is allowed would be listed in the order itself. When a restraining order has been issued you cannot contact that party in person, through electronic means, or pass messages through a third party. The order can also restrict you from going to places such as the victim’s residence, place of work, or school. They also usually come with a distance provision of how far away from the victim you must stay - which means should you run into the protected party somewhere in public you are required to leave immediately.

What qualifies as stalking?

The offense of Stalking is defined under PC 646.9 as threatening, harassing, or following another person, to a point where that person fears for their safety.  Stalking can be charged based on contact that is in person, or electronic or telephonic means as well.

Behaviors that can lead to stalking charges are:

• following someone

• going to somebody’s home or place of work

• surveilling someone

• making repeated contact that is unwanted or uninvited

• repeated harassment

Is stalking a misdemeanor or a felony?

This charge is a “wobbler” that can be charged as a misdemeanor or a felony, depending on the severity of the allegations. The consequences for this charge can be more severe if it is also in violation of a restraining order; or if you have a history of these types of offenses. Stalking charges are also a potential strike offense.

What is an Aggravated Trespass?

Aggravated Trespass is defined under PC 601. An aggravated Trespass occurs after first making a Criminal threat, read more abour Criminal Threats here. PC 601 prohibits you from following up making a criminal threat with then entering someone’s home or place of work without permission to carry out the threat.  Because of the previous threat, these charges are considered more serious than a regular trespass charge.

Is an Aggravated Trespass a misdemeanor or a felony?

As a “wobbler”, this offense can be charged as either a misdemeanor or a felony. The more serious the conduct, the more likely it is to be charged as a felony.

How soon after the threat must the trespass occur to be an Aggravated Trespass?

Under PC 601, the trespass must occur within 30 days of the Criminal Threat being made to prove an Aggravated Trespass.

What qualifies as Criminal Threats?

Criminal Threats, as defined by PC 422, makes it is a crime to threaten someone with great bodily harm or death when those threats are either:

• intended to create fear,

• or actually do create a reasonable or sustained fear in that person.

What if I did not mean to carry out the threat?

Note that the statute does not require that you carry out the threat, or even intend to carry out the threat. If the above factors are met, then just the threat alone is sufficient to charge Criminal Threats. However, there are defenses to a Criminal Threats charge beyond just proving the above elements do not exist, for example if the threat was one that was vague, or a mere gesture then the argument can be made that the threat was never communicated.

Is Criminal Threats under PC 422 a misdemeanor or felony?

This charge is a “wobbler” meaning that it can be charged as a misdemeanor or a felony. Most seriously this charge is also a strike if you are convicted of it as a felony. If convicted of a strike offense in California, you will be eligible for less “good time” credit while serving your sentence. You also could be subject to life in prison upon conviction of a third strike.

What is Elder Abuse under the law?

The Elder Abuse statute, PC 368, makes it a crime in California to inflict physical abuse, emotional abuse, or neglect on someone who is older than 65.  This is an offense which is a wobbler, meaning it can be charged as a misdemeanor or a felony, depending upon the extent of the allegations. If the conduct was likely to produce great bodily injury or death, it may be charged as a felony. The crime of Elder Abuse can be proved by establishing the person acted willingly, or even just negligently.

Some examples of situations that could lead to these charges are:

• failing to provide care necessities to an elderly person you are caring for

• benefitting financially from an elderly person by fraudulent means

• physically abusing an elderly person

What are the potential punishments for elder abuse?

Jail or Prison Time

As a misdemeanor, Elder Abuse is punishable by up to one year of jail time; but as a felony it is potentially punishable by multiple years of prison time.

Mandatory Consequences of a Domestic Violence Conviction

As a crime of domestic violence, if convicted you would be subject to the mandatory conditions of a domestic violence offense. You can read more about those conditions here under “Mandatory consequences of Domestic violence convictions”. Those mandatory conditions include: community service, probation, fines, domestic violence classes, a protective order, and a loss of your firearms rights.

What qualifies as Child Abuse?

Child Abuse, under PC 273(d) is defined as willingly inflicting corporal injury or punishment on a child. Child Abuse is a “wobbler offense”, meaning that this offense can be charged as a felony or a misdemeanor, depending on the injury. If the injury is severe, it may be charged as a felony. Child Abuse charges typically stem from physical punishments on children.

What kinds of punishments are Child Abuse? Can I spank my child in California?

Child Abuse usually involves allegations serious physical punishment, for example:

• using an object to inflict punishment on a child

• hitting a child with a closed fist

• inflicting punishment to the point of causing an injury to the child.

• shaking a child

• throwing an object at a child

Reasonable spankings are excluded from being charged as this crime. A reasonable spanking is considered one that is both: for a disciplinary purpose, and is not excessive under the circumstances.

DOMESTIC VIOLENCE BATTERY CHARGES

Corporal Injury - PC 273.5 and Domestic Battery - PC 243(e)(1) are both crimes of domestic violence. 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.

What makes these charges domestic violence?

Domestic violence only means that the alleged victim of the crime is in intimate partner - someone who you had a relationship with in the past or present, whether that relationship was one of dating, domestic partnership, marriage, someone you had a child with, or simply someone you lived with. Domestic violence is only a marker of that relationship, and not a description of the crime itself.

What is a battery?

Both Corporal Injury - PC 273.5 and Domestic Battery - PC 243(e)(1) involve the commission on a “battery”. In California, a battery is defined by PC 242 as a willful and unlawful use of force on another person. All of the elements must be proved to convict of a battery, which means it must be proved that the act was: willful, unlawful, and that force was used.

• Willful means it must be proved that the force was not a mere accident

• Unlawful means it was unconsented to, harmful, or offensive.

• The use of force required for a battery charge can be as small as a touch. It can also be accomplished by touching a person with an object, such as throwing an object.

What is a domestic violence offense?

The term “domestic violence” is a term of art, meaning that the legal meaning is different from what the term may mean to you. In the eyes of the law, domestic violence means there is a relationship between the person alleged to have committed the crime, and the alleged victim. That means that domestic violence is not a classifier of the type of crime that occurred, but only a designator of the relationship between the parties.

Who qualifies as a victim of domestic violence?

• a family member

• a person you live with

• an “intimate partner”, which may be any of the following:

• a current or former spouse or domestic partner

• someone you currently are, or were in a dating relationship with.

• someone that you have or had a child with

• someone you previously lived with

What types of offenses are considered domestic violence?

Domestic violence crimes are classified by the relationship, not by the type of offense. So, there are various types of crimes that can be considered domestic violence crimes. Some of these charges may sound surprising. For example, a vandalism charge may not sound like what you would expect in a domestic violence offense. However, if the offense is alleged to be committed against a spouse it can be charged that way; for example, damaging your partner’s property during an argument, can be considered a domestic violence offense.