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Bellevue Theft Attorneys
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Bellevue Theft Attorneys
Retail Theft Is a Very Serious Criminal Offense and a Crime of Dishonesty.
You don’t want to be convicted of a crime of dishonesty. The employment repercussions alone could last a decade.
Theft, in its most general sense, is among those classes of offenses, where the crime is penalizing the conduct of taking the property of another without the lawful authority to do so. Theft, is among the most frequently charged offenses here in Washington State. Like many other offenses, the crime “theft” is actually divided into three distinct categories based on the value and nature of the property. Theft in the 1st degree is the most severe, and Theft in the 3rd degree is the least severe.
Conveniently, “theft” is actually defined by statute RCW . This gives courts clear direction in how to apply the facts of your case to the statute itself–RCW 9A.56.020. The statute defines theft as:
1. 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;
2. By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services;
3. To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him or her of such property or services.
If your conduct falls within one of these definitions of theft, the next question is: to what degree? The answer to that question depends on the nature of the property, and its value. It is extremely critical to contact Washington Criminal Attorneys, if you are charged with, or under investigation for any theft crime because depending on the value, and type of property you could either be charged with a misdemeanor or a felony, which carry significantly different consequences both for jail/prison, and fines.
The attorneys of Washington Criminal Attorneys absolutely understand the situation you are now in, and have been practicing in Skagit County for over two decades. We know how to represent your interests in court, and make sure your rights are protected.
Theft in the 1st Degree
Theft in the 1st degree, RCW 9A.56.030, the most serious version of theft, is a class B felony. The maximum punishment allowable by statute is: 10 years in prison; $20,000 fine; or both. There are four different ways a person can be convicted. In each of these instances, the defendant must first have fulfilled the definition of “theft” as described above. A person can be convicted of 1st Degree Theft if he/she commits theft of:
1. Property or services which exceed(s) $5,000 in value other than a firearm;
2. Property or services, other than a firearm or motor vehicle, taken from the person of another;
3. A search and rescue dog while the search and rescue dog was on duty; OR
4. Commercial metal property, nonferrous metal property, or private metal property, if the costs of the damage to the owner’s property are greater than $5,000.
Theft in the 2nd Degree
Theft in the 2nd degree, RCW 9A.56.040, is the second most serious version of theft. It is considered a class C felony. The maximum punishment allowable by statute is: 5 years in prison; $10,000 fine; or both.
There are four different ways a person can be convicted. In each of these instances, the defendant must first have fulfilled the definition of “theft” as described above. A person can be convicted of 2nd Degree Theft if he/she commits theft of:
1. Property or services which is between $750–$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 is between $750–$5,000 in value; OR
4. An access device.
For numbers 1 and 3, the main difference between 1st and 2nd degree theft is not the type of property. Rather, it is the value of the property itself. The reverse is true for numbers 2 and 4.
Theft in the 3rd Degree
Theft in the 3rd degree, RCW 9A.56.050, is the least serious version of theft. It is considered a gross misdemeanor. The maximum punishment allowable by statute is: 364 days in jail, and a $5,000 fine, or both.
A person can be convicted of 2nd Degree Theft if he/she commits theft of:
1. A person is guilty of theft in the third degree if he or she commits theft of property or services less than $750; 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.
Regardless of where it occurred or how, if you have been charged with this crime you should consult with a Skagit criminal lawyer as soon as possible to find out how our team of professionals can help.
Ideally in any case your criminal defense attorney would be able to get the charges completely dropped. While that is always the goal, it is not always possible. You can, however, trust that we will do everything legally possible to either eliminate or minimize the consequence to you.
Not surprisingly, many people are shocked, overwhelmed, and confused not only by the arrest itself, but the statutory scheme we have here in Washington State. The attorneys at Washington Criminal Attorneys, understand how unfair this can feel. We understand the emotions that run through our client’s minds when they are arrested.
Most of our clients are not career criminals.
They are simply people that might have made a poor decision, and as the old adage goes, “bad things happen to good people.” It is our job to tell your story, to position you the right way in front of both the prosecutor and the court, to make sure we are available when you need us, and to offer our guidance throughout this confusing and overwhelming process.
Most of our clients do not understand what they can and cannot do when the police are called and they start asking questions. Most understandably, and unfortunately make the mistake of cooperating with whatever the police officer asks them to do. This is not your fault! We’ve all been taught since a very young age to respect authority, and when police officers ask you to do something, you do it. Period.
But, most people do not understand that cooperating with the police only gives them more information to work with, and ultimately to arrest you. Getting arrested is an overwhelming experience. There are often multiple police officers. The officer starts asking very general, broad questions, and then starts getting more and more specific. In these types of situations, most people make the mistake of thinking that if only the police officer understood what lead to the conduct they are alleging, that would somehow convince the officer to leave. The sad truth is that once the police are dispatched, the overwhelming odds are that someone is getting arrested–and it’s YOU!
That does not mean you cannot defend yourself, or that the case is over!
We will look for any violation of your rights or grounds for challenging your arrest. We will look to see whether loss prevention identified the wrong person, whether any audio/video surveillance exists, whether loss prevention/police had any basis to come to contact you in the first place. We will look through your transaction history if possible, and compare that to the merchandise in question. We will verify the existence of any 911 calls, and pour through your arrest report for any inconsistencies, or exonerating information. In short, we will not rest until every last piece of evidence is scrutinized on multiple levels, and every possible outcome is investigated.
You deserve the best, and that is exactly what you receive when you hire Washington Criminal Attorneys. There are many, many, creative ways to attack these cases.
If any of this sounds like it happened to you, call us immediately. Now that you have been criminally charged, a million thoughts are running through your mind. What happens next? How will I get to work? Will I lose my job? Will I be prevented from advancing my career? Can I relocate? Am I on probation right now?
When you call our offices, you will speak to one of our experienced criminal defense attorneys, and we will take the time to go through all of your questions in detail.
The initial consultation is free, and we will take the time to learn about your specific case, and give you our honest assessment of where your case stands. Remember, NEVER speak to the police, detectives, or anyone from the prosecutor’s office without an attorney. They have one job, and that is to make sure you are convicted. If you are reading this page you have been charged with a criminal offense. It is now them against you. With something as important as your freedom at stake, don’t make the mistake of handling your criminal charge alone.
Washington Criminal Attorneys will be there for you, and go to battle for your defense. Call Us Now for a Free Case Evaluation.
Theft and Shoplifting (Retail Theft) lawyers serving all of Bellevue, WA.
Aside from crimes of violence, crimes of dishonesty like theft are the most harmful for a person’s career. Employers do not want to have a thief working for them, which will make your job options a lot more limited. It is important to have an attorney represent you and try to protect your record so you can move on with your life.
There are three different degrees of theft with 1° and 2° being felonies and 3° being a gross misdemeanor. Felonies are handled by Superior courts so if the incident took place in Bellevue, then the King County Superior Court in Seattle would handle the matter (Bellevue doesn’t have a Superior Court}. The Bellevue district court can handle gross misdemeanors so a theft 3° can be heard in that court.
A good Bellevue theft lawyers not only understands Washington State’s theft laws, but also the local Bellevue court system. Our attorneys have handled hundreds of criminal cases throughout King County. We know the law, and we are very familiar with both Bellevue Municipal Court and the Bellevue District Court.
The difference between the varying degrees is dependent on the value of the items allegedly stolen along with occasionally what the item was. Items with a value less than $750 would normally be charged under theft 3°. Items between $5,000 and $750 are typically charged with theft 2°, and over $5,000 theft 1°.
If you have questions about your arrest or criminal charge, one of our Bellevue Theft lawyers can help you to understand what you are up against and how we can help. A good criminal defense, especially to theft and shoplifting charges starts immediately.
Bellevue shoplifting lawyers fighting to protect your legal rights and your reputation.
Theft 3° is normally what is charged when someone is caught shoplifting due to the fact normally the items stolen are less than $750. Whether charged with theft 3° or not, when stealing items from a store, you can also potentially be facing a separate case. Stores have the right to sue you civilly to recover their losses.
This can be done even if they were able to recover the items stolen and per statute, and per statute, they can ask for more than what the items were worth! Normally, the representatives of the store will send you a letter demanding the requested funds to settle the civil case. This does not stop the criminal case from occurring.
If you are facing a theft charge, it is important to contact an attorney as soon as possible so they can begin to work on your case – both the criminal and the civil case. If you have any questions about what you are currently facing, do not hesitate to speak with one of our experienced attorneys for free.
Call now to learn more about your legal rights and options. Don’t let a crime of dishonesty severely impact your future employment opportunities.
Crimes of dishonesty need to be taken especially seriously. Your future is at stake. We are experienced and aggressive Bellevue theft and shoplifting attorneys serving all of King County.
If you have been charged with theft or arrested for shoplifting in Bellevue or elsewhere in King County, it is imperative that you speak with an experienced Washington State criminal attorney before making any decisions about how your case is resolved.
This is because a criminal conviction for theft will leave you with a “crime of dishonesty” on your record.Any future employer who does a routine background check will find this conviction, and it will often be an automatic disqualification.
Many Bellevue theft cases are complicated. There are, however, a number of ways to try and successfully resolve theft cases so that you do not end up with a permanent criminal conviction.
Having a criminal conviction for a crime of dishonesty on your record will a nightmare when you go to apply for your next employment opportunity. We can help you explore all of your options and so that make an informed decision about what is in your best interests and how to proceed.
We are Bellevue theft attorneys. If you have been arrested or charged with shoplifting in King County, one of our lawyers can help you properly evaluate your case and any defenses that may be available to you. We know and understand Washington State’s criminal laws involving, theft, stealing and stolen property. Get the help, the answers, and the personal attention that your case deserves.