Theft In Washington

THEFT

What is the definition of theft in Washington?

In Washington there are many charges classified as theft offenses. Most people understand theft to mean taking something that doesn’t legally belong to you, but in Washington there is a legal definition of what theft is.

Under RCW 9A.56.020, Theft is defined as:

wrongfully obtaining or exerting control over,
the property of or services (or value of) of another,
with the intent to deprive that person of the property

We break down all of these elements that must be proven beyond a reasonable doubt here.

WHAT ARE THE DIFFERENT DEGREES OF THEFT CHARGES?

There are many charges classified as theft offenses

There are many crimes that fall under the umbrella of theft offenses in Washington, which you can find more about here. There are charges that apply to specific types of theft situations. However, this article reviews the general charge of “Theft” which has several classifications. Note that there are specific charges for the Theft of a Firearm, or Theft of a Motor Vehicle.

The three degrees of Theft in Washington

The general charge of Theft In Washington has three varying levels of seriousness ranging from misdemeanor to felony as outlined below. These different levels are primarily differentiated by the value of the alleged theft. Read more about each below.

THEFT IN THE THIRD DEGREE

Definition of Theft in the Third Degree

Under RCW 9A.56.050, Theft in the Third Degree is charged in cases where the alleged theft is is valued at $750.00 or less. This charge is a misdemeanor.

Potential Outcomes for a charge of Theft in the Third Degree

For misdemeanors, we may be able to come up with creative solutions, such as a Stipulated Order of Continuance or a Compromise on a Misdemeanor, where you can avoid a conviction and the types of outcomes that are outlined below. For more information, contact us here.

Potential punishments for a conviction for this misdemeanor range as follows:

0-90 days of jail
Fines of $0-$1000
Probation
Restitution
Classes or Treatment
A No Contact Order with the alleged victim of the theft

THEFT IN THE SECOND DEGREE

Definition of Theft in the Second Degree

Under RCW 9A.56.040, Theft in the Second Degree is charged in cases where the alleged theft is is valued at between $750.00 $5,000.00. Theft in the Second Degree is not charged in cases of theft of a motor vehicle, or theft of a firearm, those are encompassed by other charges you can read more about here. This charge is a class C felony.

Potential Outcomes for a charge of Theft in the Second Degree

On any felony charge, resolving your case as a misdemeanor would be a great outcome. You also may be eligible for a diversion program where you could earn a dismissal of your charges in time. In some cases of Theft in the Second Degree this is an achievable outcome. In other cases minimizing jail or prison time may be the best case outcome. To discuss the specifics of your case and options, schedule a free consultation here.

Potential punishments for a conviction for a Class C felony range as follows:

0-5 years of jail or prison time (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 of the theft

THEFT IN THE FIRST DEGREE

Definition of Theft in the First Degree

Under RCW 9A.56.030, Theft in the First Degree is charged in cases where the alleged theft is is valued at over $5,000.00. It can also be charged when the property is taken directly form the person, no matter the value. Theft in the First Degree is not charged in cases of theft of a motor vehicle, or theft of a firearm, those are encompassed by other charges you can read more about here. This charge is a class B felony.

Potential Outcomes for a charge of Theft in the First Degree

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 THEFT CHARGE?

What should I do if I am accused of 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 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.

What if the alleged victim wants to drop the charges against me?

Sometimes this charge stems from interactions with a friend, partner or family. 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 (the Prosecutor) 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.

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. With Theft in the Third Degree there are ways of negotiating a dismissal if you can reimburse the victim for the damages caused. We can walk you through what options are possible in your case.