Possessing Stolen Property In Washington
POSSESSING STOLEN PROPERTY
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.
Presumption of knowledge the property was stolen
If the following facts are established, it creates a presumption that you knew the property was stolen, putting the burden on your defense to disprove the presumption. This is the case if you are alleged to be possessing:
stolen access devices (as defined by RCW 9A.56.010) issued in the names of two or more people
ten or more stolen merchandise pallets,
ten or more stolen beverage crates, or
a combination of ten or more stolen merchandise pallets and beverage crates, as defined under RCW 9A.56.010
What legally constitutes Possession?
In Washington possession is defined very loosely by law, which can make these cases difficult to defend. Possession can be proved if the facts support that you had the power to possess the item, even if you were not physically in possession of it at the time. This is discussed in detail below, as this is a complicated subject.
RCW 82.21.020 outlines two definitions of, possession. Possession may be actual, or constructive.
Actual Possession
Actual Possession means the person has physical possession of the item. For example:
Holding the item
Item is on their person or in their clothing or bag
In the case of a car, you are physically in the car
Constructive Possession
Constructive Possession means you do not physically possess the item, but have power or dominion over the physical space where the item is. For example:
The item is in your general vicinity
The item is in your home or car
In the case of car, being near the car or having the keys are contributing factors to this
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.
POSSESSING STOLEN PROPERTY IN THE THIRD DEGREE
Definition of Possessing of Stolen Property in the Third Degree
Under RCW 9A.56.170, a person may be charged with Possessing of Stolen Property in the Third Degree if they are in possession of stolen property as defined above, and:
The value of the property is less than $750;
The property is 10 or more stolen merchandise pallets;
The property is 10 or more stolen beverage crates; or
A combination of ten or more stolen merchandise pallets and beverage crates.
This offense is a Gross Misdemeanor
Potential Outcomes for a charge of Possessing of Stolen Property in the Third Degree
As a Gross Misdemeanor, this is the least serious of the charges. However, any conviction comes with consequences.
Potential punishments for a conviction for a Gross Misdemeanor range as follows:
0-364 days in jail
Fines of $0-$5,000
Probation
Restitution
Classes or Treatment
A No Contact Order with the alleged victim
POSSESSING STOLEN PROPERTY IN THE SECOND DEGREE
Definition of Possessing of Stolen Property in the Second Degree
Under RCW 9A.56.160, a person may be charged with Possessing of Stolen Property in the Second Degree if they are in possession of stolen property as defined above, and:
The value of the property is between $750 and $5,000; or
The property is a stolen public record, writing or instrument that had been kept as according to law
The property is a stolen access device (as defined by RCW 9A.56.010)
This offense is a Class C felony.
Potential Outcomes for a charge of Possessing of Stolen Property in the Second Degree
As a felony, a conviction for this can have a serious impact. 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. To find out what might be possible in your case, you can schedule a free consultation 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
POSSESSING STOLEN PROPERTY IN THE FIRST DEGREE
Definition of Possessing of Stolen Property in the First Degree
Under RCW 9A.56.150, a person may be charged with Possessing of Stolen Property in the First Degree if they are in possession of stolen property as defined above, and:
The value of the property is over $5,000
This offense is a Class B felony.
Potential Outcomes for a charge of Possessing of Stolen Property in the First Degree
As a Class B felony, this charge carries the most serious consequences of the three levels. 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. Class B felonies are serious offenses that require serious defense. For a personalized consultation, schedule one 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
Prohibition of Possessing Firearms
A No Contact Order with the alleged victim
WHAT CAN YOU DO ABOUT A CHARGE FOR POSSESSING SOTLEN PROPERTY?
What should I do if I am accused of Possessing Stolen Property?
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 Possessing Stolen Property?
If you have been charged and given a court date, you absolutely will need an attorneyβs help to fight those charges, especially when you are facing a felony. 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.
