Theft and Shoplifting

Theft in the Second Degree:

According to RCW §9A.56.040, a person may be charged with theft in the second degree if he commits theft of:

1. Property or services which exceed(s) $750 in value but does not exceed $5,000 in value (other than a firearm or a motor vehicle);
2. A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant;
3. Commercial metal property, nonferrous metal property, or private metal property, and the costs of the damage to the owner’s property exceed $750 but does not exceed $5,000 in value; or
4. An access device.

Penalties for Theft in the Second Degree in Washington:

Theft in the second degree is considered a class C felony, which RCW §9A.20.021 defines as punishable by up to five years in prison, a maximum fine of $10,000, or both.

Theft in the Third Degree:

According to RCW §9A.56.050, a person may be charged with theft in the third degree if he commits theft of property or services which:

1. Does not exceed $750 in value, or
2. Includes ten or more merchandise pallets, or ten or more beverage crates, or a combination of ten or more merchandise pallets and beverage crates.

Penalties for Theft in the Third Degree in Washington:

Theft in the third degree is considered a gross misdemeanor, which RCW §9A.20.021 defines as punishable by up to one year in jail, a maximum fine of $5,000, or both.

Defending a Theft Charge:

There may be a number of ways to defend a theft charge. However, your particular defense strategy will depend on the degree of the offense charged, among other things. One example of a defense to any charge of theft is that the property or service was taken or used openly under a good faith claim of ownership. Your defense strategy is crucial, and the help of a skilled criminal defense attorney is strongly advised.

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