Theft Charges

Theft 3

Theft or shoplifting charges in Washington State can be a gross misdemeanor (3rd Degree Theft) or a felony if the property in question is valued at more than $750. Since theft is considered a crime of dishonesty, a conviction can result in a loss of employment and prevent future employment or housing opportunities.

I was caught stealing. Should I plead guilty?

For a first time Theft 3 charge in Washington, we can often prevent a conviction, even if you admitted to the crime or there is strong evidence from store surveillance video. In these situations, it is important that we present evidence that you have a history of responsible decision making and that this was a one-time lapse in judgement.

In some shoplifting cases, we can contact the store and make arrangements to pay for the stolen items. If the store agrees (in writing) that they have been adequately compensated, we can then file a motion (under WA State Compromise of Misdemeanor law) for the charges to be dismissed. A skilled theft lawyer should contact the store or loss management department, to avoid scenarios that could result in witness tampering or self-incrimination.

I did not intend to shoplift. How do I fight this?

In some theft cases the evidence against you may not be very strong. In these situations, we will fight the allegations head on. For example, store employees can be very unreliable witnesses and their testimony can often be discredited or removed from evidence. An accusation of shoplifting can also be a simple misunderstanding, such as being distracted and forgetting to pay. This can be an especially powerful argument during negotiations if this is your first theft charge and you have little or no criminal history. 

In other situations, you might have been in the wrong place at the wrong time, such as when a friend shoplifts and you are accused of being an accomplice. In King County courts such as Seattle and Bellevue, prosecutors tend to file charges without weighing both sides of the story. Without a strong theft attorney on your side, you could end up with a criminal charge that could have been prevented.

Third Degree Theft (Theft 3) Penalties

(RCW 9A.56.050)

Second Degree Theft (Theft 2) Penalties

(RCW 9A.56.040)

First Degree Theft (Theft 1) Penalties

(RCW 9A.56.030)

If I pay a civil demand letter from shoplifting, will the theft charge go away?

No, the civil demand letter is separate from the criminal case in Washington State. However, payment of the civil demand or a negotiated amount can often help us resolve the criminal complaint.

How do I Prevent a Theft Conviction?

It is a good idea to avoid any contact with the store or person who has accused you of theft. We also strongly advise that you avoid speaking to the police about your case, as what you say can hurt your defense and reduce your options.

At Beckwith Criminal Law, we can deal directly with the prosecutor and the person or store that has accused you of stealing. Even if charges have not yet been filed, we can provide:

The police report normally only tells one side of the story (the store or victim’s side) and that almost never provides a complete picture of what happened. We do an independent investigation on every case to uncover evidence that is helpful to your defense. 

Our experience negotiating with the Loss Management departments of retail stores (such as Walmart, Target, Nordstrom) often results in charges being dropped. We fight theft charges in courts that include Seattle, Bellevue, Everett, Kent, Tacoma & elsewhere throughout King, Snohomish, Pierce, Thurston, & Kitsap County. 

Call us today for a free consultation. We have an experienced theft attorney available to take your call 7 days a week (until 9PM).