Organized Retail Theft In Washington

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.

IS ORGANIZED RETAIL THEFT A MISDEMEANOR OR A FELONY?

In Washington, some charges have multiple degrees of seriousness. Organized Retail Theft is one of these charges, with Organized Retail Theft in the First Degree being the most serious, followed by the Second Degree. The primary distinction between the two is the value of the alleged theft.

Organized Retail Theft in the Second Degree

Definition:

This can be charged when the stolen property is valued between $750 and $5,000

It is a class C Felony.

Potential Outcomes for a conviction for this charge:

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

Organized Retail Theft in the First Degree

Definition:

This can be charged when the stolen property is valued at $5,000 or more
It is a class B Felony.

Potential Outcomes for a conviction for this charge:

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
Prohibition of Possessing Firearms

WHAT CAN YOU DO ABOUT A A CHARGE FOR ORGANIZED RETAIL THEFT?

What should I do if I am accused of Organized Retail Theft?

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 Organized Retail Theft?

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. We can walk you through what options are possible in your case.