Theft Offenses In Washington

THEFT OFFENSES

What counts as 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

To convict a person of a crime, the State must prove all of these elements beyond a reasonable doubt. Here is a breakdown of these elements, and what they mean:

Wrongfully Obtaining or Exerting Control Over Something

This element means that you had no lawful reason to possess or control that property. Note that it does not require you to take that item. This element may be met by obtaining the property through deception, or retaining property that isn’t yours even if mistakenly given to you (WPIC 79.01).

This situation typically arises when property has been taken without permission, or you have gone beyond the use was permitted. If you had permission to have the property, then that is a defense as you did not wrongfully obtain it.

Property or Services of Another

This means whatever the property is- which can be a physical object, a service, or the value of an object or service; it did not lawfully belong to you. For example, this would include a situation where someone received a service, like a haircut, and then left without paying for it. However, if the property actually belonged to you, and not someone else, you have a defense as this element could not be proven.

Intent to deprive

First, this element speaks to your intentions. If you mistakenly took someone’s property or mistakenly left with a service without paying, then you have a defense because this element would not be proven. To prove this charge it must be proved that you intentionally took the object with the intention to deprive. Deprivation means that due to your actions with the property, the true owner of it was not able to make lawful use of their property. Be aware that the person does not have to have an actual need to use their property; the fact that they could not have used it if they wanted to is sufficient, because it interferes with their legal right to their property. For example, if you used someone’s car without permission, and they did not need to actually use the car while you had it, that is not a defense to theft, because they had a legal right to use their car which they were not able to exert.

WHAT ARE WASHINGTON THEFT OFFENSES?

In Washington there are different theft offenses for different situations, and they range from misdemeanors to felonies. In Washington State some offenses have different levels of classifications, with the most serious classifications having the most serious consequences. For example a regular Theft charge has three different degrees of seriousness, Theft in the Third Degree being the least serious, and Theft in the First Degree being the most.

Here is a list of Common Washington Theft Offenses:

Read more about a charge by clicking on it below:

• Theft:

  • Theft in the Third Degree

  • Theft in the Second Degree

  • Theft in the First Degree

• Motor Vehicle Theft Offenses:

  • Theft of a Motor Vehicle

  • Taking a Motor Vehicle without Permission (in the First or Second Degree)

  • Possession of Stolen Vehicle

  • Vehicle Prowling

• Robbery (in the First or Second Degree)

• Burglary

• Residential Burglary

• Firearm Theft Offenses

  • Theft of a Firearm

  • Possession of a Stolen Firearm

• Fraud Charges

  • Financial Fraud

  • Possession of Another’s Identification

  • Unlawful Issuance of Checks or Drafts

• Extortion (in the First or Second Degree)

• Possessing Stolen Property (in the First or Second or Third Degree)

• Mail Theft

• Organized Retail Theft

WHAT CAN I DO ABOUT A CHARGE FOR A THEFT OFFENSE?

What should I do if I am accused of a theft offense?

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. In fact if you are charged with this as a misdemeanor sometimes a compromise can be reached where your case is dismissed if you are able to cover the costs of the alleged theft. If you are in this situation you can schedule a free consultation here.

What should I do if I am charged with a theft offense?

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. In some misdemeanor theft cases there are ways of negotiating a dismissal if you can reimburse the victim for the loss.

If you are dealing with a theft offense, we can work with you to come up with creative solutions. You have options, and we can help you assess them and make the choice that is right for you so that you get the best outcome possible.

Give us a call or schedule a free consultation here.

-Claire Highland

Other helpful information:

Theft in Washington

Burglary in Washington

Motor Vehicle Theft Charges in Washington

What to do if law enforcement want to speak with you

What to do if you have been accused of a crime

What do if you have been arrested

What to do if you have been charged with a crime