Motor Vehicle Theft In Washington
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 both the theft and 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:
Taking a Motor Vehicle without Permission (in the First or Second Degree)
Are these offenses misdemeanors or felonies?
Almost all offenses involving theft of motor vehicles are felonies, which means they carry a possibility of prison time, in some cases for multiple years, depending on the charge. The exceptions are Vehicle Prowling in the Second Degree and Making or Possessing Motor Vehicle Theft Tools which are gross misdemeanors punishable by less than a year in jail.
Because of the seriousness of the consequences, you will need serious defense. For felonies, any outcome that avoids prison time is a good result, and one where your charge is reduced or dismissed is an excellent result.
WHAT CAN YOU DO ABOUT A MOTOR VEHICLE THEFT CHARGE?
What should I do if I am accused of a Vehicle Theft charge?
If you are being accused of a crime or are subject to a law enforcement investigation, 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, in some cases 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 a Vehicle Theft charge?
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.
What if the alleged victim wants to drop the charges against me?
Sometimes these charges involve a vehicle owned by a friend, partner or family member. We have addressed this issue in detail in our article, here. However, the short answer is that the alleged victim cannot make the charges go away. Only the District Attorney has control over whether or not charges will be filed, and you will need an attorney’s help to fight them on that.
That being said, we can work with the District Attorney to stop them from filing charges against you, and tell you how the victim’s participation, or lack thereof, in the case against you can impact your case. In some cases, the fact that you had the owner’s permission can be a defense to these types of charges.
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. For felony theft charges you may qualify for drug court which is a diversion program for people struggling with addiction. Theft charges often are related to addiction, we have experience with this and can help you address both without judgment to benefit your case.
