Theft Of A Motor Vehicle In Washington
THEFT OFA MOTOR VEHICLE
Definition of Theft of a Motor Vehicle
First, we must review the definition of theft. 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 each element above and some possible defenses to Theft, here. Theft of a Motor Vehicle is a specific theft crime that can be charged under RCW 9A.56.065, when the alleged theft is of a motor vehicle. This charge is a Class B felony.
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.
Potential Outcomes for a charge of Theft of a Motor Vehicle
As 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. Your options will depend on the facts of the case and your history. For a personalized consultation, contact us 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 THEFT OF A MOTOR VEHICLE?
What should I do if I am accused of Theft of a motor 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 Theft of a motor Vehicle?
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 vehicles belonging to 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. If you had permission to use the vehicle that may be a defense to 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. We have taken these cases to trial and won. We have also helped people get into diversion programs to earn a dismissal of the charges while also addressing underlying addiction issues at the same time. We can walk you through what options are possible in your case.
