Possession Of A Stolen Vehicle In Washington
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 definition “possession” and also whether it is “knowing”. WPIC 77.21 outlines the elements of this charge, all of which must be proven beyond a reasonable doubt to convict someone of this charge. 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 definition 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.
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
The item is on your person or in your 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
What qualifies as a motor vehicle?
A motor vehicle is fairly loosely 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
For more information on what can be considered a vehicle, go here.
WHAT ARE THE CONSEQUENCES OF A CONVICTION FOR POSSESSION OF A STOLEN VEHICLE?
Potential Outcomes for a charge of Possession of a Stolen Vehicle
Ass 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. Class B felonies are serious offenses that require serious defense. 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 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 of the Theft
WHAT CAN YOU DO ABOUT A CHARGE FOR POSSESSION OF A STOLEN VEHICLE?
What should I do if I am accused of Possession of a Stolen Vehicle?
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 Possession of a Stolen Vehicle?
If you have been charged and given a court date, you absolutely will need an attorney’s 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.
