Washington Theft & Property Crime — Charges & Penalties
Theft classifications by value, shoplifting, burglary, and property crime penalties in Washington.
How Washington classifies theft §9A.56.010 et seq.
Washington's theft statutes cover taking another person's property with the intent to permanently deprive them of it §9A.56.010 et seq.. The felony threshold in Washington is More than $750 (theft of property or services exceeding $750 but not exceeding $5,000 in value, other than a firearm or a motor vehicle, is theft in the second degree, a class C felony, §9A.56.040; theft of property or services exceeding $5,000 in value is theft in the first degree, a class B felony, §9A.56.030; the value bands are not exhaustive — separate grounds such as firearms, motor vehicles, property taken from the person of another, public records, and access devices are graded under their own provisions). Below that threshold, theft is a misdemeanor; above it, a felony.
Theft by value
Types of theft and property crimes
Shoplifting / retail theft
Shoplifting is one of the most commonly charged theft offenses. It includes concealing merchandise, altering price tags, switching containers, and under-ringing at self-checkout. Repeat shoplifting offenses can be enhanced to felonies regardless of the value involved §9A.56.010 et seq..
Theft by deception / fraud
Obtaining property through false pretenses, deception, or misrepresentation. This includes writing bad checks, credit card fraud, identity theft, and confidence schemes. Fraud charges carry additional penalties beyond standard theft under Washington law §9A.56.010 et seq..
Receiving stolen property
Knowingly receiving, retaining, or disposing of property that has been stolen. The prosecution must prove that you knew or should have known the property was stolen. This is a separate offense from the theft itself.
Burglary
Burglary is entering a building or structure unlawfully with the intent to commit a crime inside — it does not require that anything actually be stolen. Burglary is a felony regardless of the value of any property taken, and residential burglary carries significantly higher penalties than commercial burglary §9A.56.010 et seq..
Robbery
Theft accomplished through force, threat of force, or intimidation. Robbery is always a felony and is classified as a violent crime. Armed robbery — using or threatening with a weapon — carries some of the harshest penalties in the criminal code.
Penalty ranges
Theft penalties in Washington follow the general classification system:
- Class Gross misdemeanor misdemeanor: up to 12 months, $5,000 fine
- Class Misdemeanor misdemeanor: up to 3 months, $1,000 fine
- Class B felony: 0–10 years, up to $20,000 fine
- Class C felony: 0–5 years, up to $10,000 fine
Restitution
In addition to criminal penalties, courts in Washington routinely order restitution — requiring the defendant to repay the victim for the value of the stolen property or any financial loss resulting from the offense. Restitution is a separate obligation from fines and is not dischargeable in bankruptcy.
Collateral consequences of theft convictions
- Employment — Theft convictions are particularly damaging in job searches because employers view them as indicators of untrustworthiness
- Professional licensing — Careers in finance, healthcare, law, education, and government may be barred
- Immigration — Theft offenses involving "moral turpitude" can trigger deportation or bar naturalization
- Housing — Landlords routinely screen for property crime convictions
- Civil liability — Many retailers pursue civil recovery lawsuits in addition to criminal charges
Common defenses
- Lack of intent — You did not intend to permanently deprive the owner of the property (borrowing, mistake)
- Claim of right — You had a good-faith belief that you had a right to the property
- Mistaken identity — You were not the person who committed the theft
- Value dispute — The property's value is below the threshold for the charged offense
- Consent — The owner gave you permission to take the property
Expungement eligibility
Certain theft offenses in Washington may be eligible for Expungement §9.94A.640 et seq.. Washington uses 'vacation' rather than expungement (§9.94A.640 for felonies; §9.96.060 for misdemeanors). Vacated convictions are treated as if they did not occur for most purposes. Violent and sex offenses have very limited eligibility. Under RCW 9.96.060(5), a person convicted of a misdemeanor cannabis offense who was 21 or older at the time may apply for vacation, and the court shall vacate if the applicant qualifies. Whether a specific theft conviction qualifies depends on the offense classification, the outcome, and the time elapsed.
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