Seattle Theft Crime Defense Attorney

Quick Answer

Theft in Washington requires proof of intent to permanently deprive. This is harder to prove than most people realize. From shoplifting (gross misdemeanor) to first-degree theft over $5,000 (Class B felony), every charge requires the state to prove you intended to steal — not just that you had property that didn't belong to you.

Washington Theft Classifications

Theft 1st Degree: Value exceeds $5,000 or from a person (robbery-adjacent). Class B felony — up to 10 years.

Theft 2nd Degree: Value $750–$5,000. Class C felony — up to 5 years.

Theft 3rd Degree: Value under $750. Gross misdemeanor — up to 364 days.

Key Defenses to Theft Charges

Lack of Intent

Theft requires intentional taking. Mistakes, misunderstandings about ownership, or taking under a claim of right are complete defenses. Janet builds cases around intent evidence — or the absence of it.

Mistaken Identity

Loss prevention and surveillance footage can misidentify individuals. Witness identification is notoriously unreliable. We challenge identification through alibi evidence, camera angle analysis, and cross-examination.

Value Disputes

The classification of a theft charge — and therefore the potential sentence — depends on the value of what was allegedly taken. Disputing the valuation can reduce a felony to a misdemeanor.

Applicable Washington Law: RCW 9A.56.020 (theft), RCW 9A.56.030 (theft 1), RCW 9A.56.040 (theft 2), RCW 9A.56.050 (theft 3)

Frequently Asked Questions

What is the difference between theft and robbery in Washington? ▾

Robbery involves force or threat of force against a person during the taking. Theft involves taking without confrontation. Robbery is a more serious felony with longer potential sentences. RCW 9A.56.200.

Can a theft charge affect my immigration status? ▾

Yes. Theft is considered a crime of moral turpitude which can affect immigration proceedings. Non-citizens facing theft charges should consult with Janet as early as possible to protect immigration status.

What if this is my first theft offense? ▾

First-time theft offenders often qualify for diversion programs, deferred prosecution, or deferred sentencing — resulting in dismissal after a probationary period. Janet negotiates aggressively for these outcomes.

Can shoplifting be expunged in Washington? ▾

Theft 3rd Degree convictions may be vacated after 3 years if all conditions are met and you have no other convictions during that period.

Will I go to jail for shoplifting? ▾

Not usually for first offenses. Courts often impose fines, community service, and/or diversion. However, repeat offenses or high-value items can result in incarceration.

Seattle Theft & Property Crime Defense