Bellingham Criminal Attorneys: Experts in Theft Defense
Facing theft charges in Washington can be a terrifying ordeal. Whether you were arrested and held in jail or released pending arraignment, you likely feel a range of difficult emotions and an innate confusion about what to do next. Our Bellingham theft attorneys can help.
Taking something that doesn’t belong to you can result in criminal charges that will follow you for the rest of your life. It might pop up on background checks or prevent you from seeking certain types of employment.
No matter what kind of theft crime you’ve been charged with, it’s important to avoid going in blindly. Partnering with our Bellingham theft attorneys can help you learn more about any pending charges and what they might mean for your future.
How Does Washington State Define Theft?
According to RCW 9A.56.020, “Theft means to wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services.” In other words, any time someone intentionally takes something that they know doesn’t belong to them or refuses to pay for services already rendered, they are committing theft.
Theft addresses several crimes as detailed in RCW 9A.56. Depending on the value of the items and what they were, you may be officially charged with any number of crimes.
Bellingham takes a strong stance on theft, especially violent theft crimes like robbery. While criminal misdemeanors like shoplifting may be charged in Bellingham Municipal Court, serious felony offenses typically go through Whatcom County Superior Court.
After being arrested for a theft crime, you may be booked into Whatcom County Jail until arraignment, or you could be released on your own recognizance. However, if you are released without bail, you must attend your arraignment hearing.
Let an Experienced Washington Criminal Defense Team Handle Your Case
Regardless of circumstances, if you find yourself facing a theft charge in Bellingham, you need an attorney you can trust. Our team’s extensive experience facing theft charges head-on across Puget Sound makes us ideal for the job. Let us analyze your case, find the best defenses, and represent you in court. You don’t have to face these charges alone.
What to Look For When Choosing a Bellingham Theft Attorney
When looking for the best Bellingham theft attorney to represent you, consider these factors:
- Their experience handling theft cases in Whatcom County and Bellingham
- Their relationship with prosecutors and judges at local courthouses
- A proven track record and pristine reputation
- Experience taking cases to trial vs. settling for plea bargains
- A fee structure that works within your budget
During your initial consultation, don’t be afraid to ask questions. Get a feel for the attorney to find one with whom you communicate well and can trust with such a serious task.
Misdemeanor vs. Felony Theft
In most cases, the primary factor determining whether theft is a misdemeanor or felony depends on the value of the stolen property. A few exceptions exist. If the stolen property is a firearm or vehicle, it’s automatically a felony, regardless of value.
Theft in the First Degree
If someone steals property worth $5,000 or more, it’s considered theft in the first degree. Certain other circumstances may result in theft in the first-degree charge regardless of value, including stealing a search and rescue dog on duty. This is a class B felony.
Theft in the Second Degree
Theft in the second degree requires an individual to steal property (other than vehicles or firearms) exceeding $750 in value but not exceeding $5,000 in value. It is a class C felony.
Theft in the Third Degree
Theft in the third degree is a misdemeanor. The value of the stolen property or services must be under $750.
Common Types of Theft in Bellingham
Theft describes several crimes in which the offender takes something that doesn’t belong to them. In Washington law, theft includes both robbery and burglary alongside other crimes such as:
- Shoplifting or organized retail theft
- Trafficking stolen property
- Identity theft
- Auto theft or taking a motor vehicle without permission
- Embezzlement
- Possession of stolen property
Robbery vs. Burglary
These two crimes both involve stealing from the victim. However, there’s an important distinction between them.
Robbery is a crime against a person, typically involving removing property from someone by force or with threats. This can include approaching someone on the street and demanding their belongings or carjacking. If a weapon or hostility is used to steal the property, it’s considered robbery.
Burglary, on the other hand, refers to breaking and entering with the intention of stealing property. For example, a burglary occurs when the offender unlawfully enters another person’s home to take valuable property. The homeowner doesn’t have to be present.
Defenses Against Theft Charges
Theft can be a difficult charge to fight, especially if the evidence strongly suggests you have committed the crime. However, your Bellingham theft attorney may apply any number of defenses depending on the context and circumstances, including:
- Lack of intent: Accidents happen. Sometimes, people accidentally take something they thought was theirs or walk out of a store without paying for something at the bottom of their cart.
- Misunderstanding: If you thought it was okay to take something, but the other person disagreed, your attorney may be able to argue a lack of awareness of the crime.
- Consent: If you had consent to take something, you haven’t stolen it.
- Wrong place at the wrong time: If you were with someone else who shoplifted or stole something, but you didn’t steal it, you may be able to prove you weren’t an accomplice to the crime.
- You didn’t know it was stolen: If you bought or borrowed an item that you didn’t know was stolen from the thief, you may be able to argue this in Whatcom County Court.
After explaining the circumstances of your charges, your Bellingham theft attorney can determine the best defenses for you.
How Excellent Washington Criminal Defense Lawyers Affect the Outcome of Criminal Cases
If you have a pending theft charge, you need a trustworthy defense attorney ready to defend you. The expert Bellingham theft attorneys at Washington Criminal Attorneys, PLLC, can help mitigate the damage these charges have on your life by:
- Ensuring you understand the severity of the charges and what they mean
- Examining the case and looking for any mistakes that could render key evidence inadmissible in court
- Negotiating with the prosecution for reduced sentencing, plea bargains, or alternative sentencing
- Protecting your constitutional rights
- Representing you in court
- Developing legal strategies to help mitigate the effects of the charges on your life
Get Your Free Consultation With Top-Rated Bellingham Theft Attorneys
We believe that everyone deserves to understand their legal rights and options, which is why we offer free 15-minute phone consultations. We’re here 24/7, and we’re prepared to fight for you in court. Reach out today to discuss your charges and determine how Washington State defense lawyers can make a difference in your Bellingham theft case.
