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At first glance, “theft, robbery, and burglary” all seem to mean the same thing. In a way, they do; they all involve property being stolen from its rightful owner. But there are specific distinctions to each term that reflect the conditions of the theft and can affect the outcomes of a legal case. 

What Is Theft?

Fundamentally, theft is taking someone else’s property by intentionally removing it and keeping it from the owner’s use. Usually, this is done without the owner’s knowledge, and they’re not present at the time of the theft. There are three degrees of theft in Washington State.

First degree: The most serious level, this is a class B felony. Theft that falls into this category includes:

• Property or services exceeding $5,000 in value (other than a firearm)
• Property of any value (other than a firearm) or a motor vehicle
• A search-and-rescue dog while it’s on duty
• Commercial or private metal property where the damage costs the owner above $5,000

The maximum sentence for a class B felony conviction is ten years in prison and/or a fine of $20,000.

Second degree: This is a class C felony and includes:

• Property or services between $750 and $5,000 (other than a firearm)
• Public records, writing, or instruments retained according to law or kept by a public office or servant
• Commercial or private metal property where the damage costs the owner between $750 and $5,000
• An access device

The maximum sentence for a class C felony conviction is five years in prison and/or a $10,000 fine.

Third degree: This is a gross misdemeanor and includes:

Property and services that don’t exceed $750 in value

Ten or more merchandise pallets, beverage crates, or a combination

The maximum sentence for a Gross Misdemeanor is 364 days in jail and/or a $5,000 fine. 

What Is Robbery?

Robbery is a more serious theft crime. It often involves force, violence, or the threat either to take or to retain the personal property of another. This type of theft usually happens when the property is taken from the owner while they’re present. The use of force or implied threat of force is required to steal the item from its owner. There are two degrees of robbery in Washington State:

First degree: This is a class A felony and includes:

A thief who’s committing robbery or immediately fleeing from and is armed with a deadly weapon, displays what appears to be a deadly weapon, or causes bodily injury

Commits a robbery against a financial institution

The maximum sentence for a class A felony conviction is life imprisonment in prison and/or a fine of $50,000.

Second degree: This is a class B felony and includes:

• Robbery without the use of deadly weapons and in which no one is harmed

The maximum sentence for a class B felony conviction is ten years in prison and/or a fine of $20,000.

What Is Burglary?

Burglary is theft that occurs when the thief breaks into and enters a building to commit the theft. There are four types of burglary in Washington State:

First degree: This is a class A felony and includes:

• A person who intentionally enters a building to commit a crime and is armed with a deadly weapon or assaults someone

The maximum sentence for a first-degree burglary conviction is life in prison and/or a $50,000 fine.

Residential burglary: This is a class B felony and includes:

• Someone who enters or remains illegally in a dwelling other than a vehicle with the intention of committing a crime

The maximum sentence for a first-degree burglary conviction is ten years in prison and/or a $10,000 fine.

Second degree: This is also a class B felony, although it’s usually not as severe as residential burglary, and includes:

• Someone who enters a building with the intent to commit a crime against a person or property but isn’t armed and isn’t burglarizing a home

The maximum sentence for a second-degree conviction is ten years in prison and/or a $10,000 fine.

Possession of burglar tools: This is a gross misdemeanor and includes:

manufacturing or possessing burglary tools that could enable a burglary, including lock picks and false keys.

The maximum sentence for possession of burglar tools conviction is one year in jail and/or a $5,000 fine.

Let Us Advise You

The laws concerning theft, burglary, and robbery can be complex. Call us at 253-383-3328 to discuss your specific case and needs.

How Does Washington State Define Shoplifting?

In Washington State, there is not technically a crime called “shoplifting.” Shoplifting is charged as theft, and the degree charged depends upon the value of the stolen property or services.

It’s important to know that many businesses have their own rules and procedures for handling theft within their stores. Larger retailers or malls will have private security that acts as police officers. Some security personnel are off-duty police officers. These guards or store employees may call the police or threaten to. The main goal for the store is to retrieve the items taken, get you to confess (often in writing), and get you to sign a civil agreement to pay back the value of the items taken or some other amount (even if you gave it back). The accused is often told that if they comply with everything the store employee asks them to do, they won’t call the police or face criminal charges. This is not usually true and is a good reason not to sign anything without an attorney present. 

What Are the Different Levels of Theft?

There are three degrees of theft and a separate special category that can be combined with one of these degrees.

First degree: This is a class B felony. The maximum sentence is ten years in prison and/or a fine of $20,000. In terms of shoplifting types of theft, this degree involves property that exceeds $5,000 in value (other than a firearm).

Second degree: This is a class C felony. The maximum sentence is five years in prison and/or a fine of $10,000. In terms of shoplifting types of theft, this degree includes property between $750 and $5,000 in value (other than a firearm) or having and using an access device.

Third degree: This is a gross misdemeanor. The maximum sentence is 364 days in jail and/or a $5,0090 fine. In terms of shoplifting types of theft, this degree includes property that does not exceed $750 in value. 

What Is Retail Theft With Special Circumstances?

Retail theft with special circumstances is an additional charge that can be applied. There are three potential aspects to this additional charge.

• To complete the theft, the person left the retailer through a designated emergency exit.
• At the time of the theft, the person had things designed to overcome security systems, including, but not limited to, lined bags or tag removers.
• The person committed theft at three or more separate and distinct retailers within one hundred eighty days.

How serious retail theft with special circumstances can be is directly tied to the seriousness level of a regular theft charge. It comes down to the value of the items or services stolen. Someone charged with theft in the first degree can also be charged with retail theft in the first degree. That increases the possibility of severe prison time, fines, and restitution.

Will I Have to Go to Jail for a First Theft Offense?

Because of the high number of variables, it’s impossible to give a “yes or no” answer. The best chance someone in this situation has is to get an experienced theft attorney involved as soon as possible and not sign any statements or confessions the retailer wants them to. 

Let Us Advise You

If you or someone you know has been charged with a first-time theft, call us at 253-383-3328 to learn your rights. If a retailer accuses you, they nearly always will send you a letter saying you need to pay a specified amount of money or face severe consequences. In general, these are not legally enforceable documents, and signing or paying the amount they want won’t necessarily allow you to escape criminal charges either. Always talk to an attorney before taking any action.

Today’s cell phones are essentially computers, which can hold critically important information about the phone’s owner. That includes contacts, social media messages, email, texts, phone call history, and even financial information and internet history. It’s easy to understand why police might want to look at someone’s phone. Here’s what you need to know about police officers’ rights and cell phone owners’ rights. 

Do Police Need a Warrant to Search Your Cell Phone?

The answer is mostly yes. The Constitution’s Fourth Amendment guarantees people protection against unreasonable searches and seizures. In Washington State, a warrant is usually required.

There are some exceptions to that. For example, if someone is fleeing the police or a crime scene and leaves their cell phone behind, police are allowed to search the phone without a warrant.

A recent ruling in Seattle’s U.S. District Court also prohibits police from using information they can see on a phone’s lock screen without a warrant. Any data or messages that appear on that screen cannot be used without a warrant. That includes police taking screenshots of the lock screen before having a warrant. No warrant, no lock screen data. 

Can Police Get My Information from My Cell Phone Company or ISP?

Federal statutes regulate what government officials of any kind, including police officers, need to retrieve a person’s information and data from cell phone companies or internet service providers (ISPs). Search warrants are required before these companies can release that information to government authorities. They’re also required to obtain only information and data as clearly specified in the warrant.

Let Us Advise You

If you or someone you know believes your cell phone has been seized and/or searched without a proper search warrant, call us at 253-383-3328 as soon as possible. Your constitutional rights may have been violated, and working with an experienced criminal defense attorney can help protect you and resolve the situation.

A court of law issues a warrant when police officers request one and present evidence indicating probable cause or a reasonable likelihood that a crime was committed. 

Are Warrants Required for Police to Arrest Someone?

Not in every situation. If someone commits a crime in the presence of police and they witness it, they have the right to arrest that person without a warrant. Similarly, if police have reason to believe someone is in danger of being harmed, they have the right to arrest the person who may be causing the harm without a warrant. If police suspect someone of committing a felony crime, they can arrest that person in public without a warrant. 

What Happens Once a Warrant Is Issued?

Once the police have an approved warrant from the court, they can arrest the person named in the warrant at any time or place. That means someone could be at work or home with family, and the police can arrive and arrest them on the spot. Then the police will take the arrestee into custody and begin questioning them about the crime. Note that people have the right to have an attorney present when questioned by police, and they have the right not to answer questions until an attorney arrives. That’s why it’s strongly recommended to bring a lawyer in as soon as possible.

Usually, the person being arrested will not be informed ahead of time. It’s not uncommon for someone to find out there’s a warrant for them and decide to leave and go into hiding, or at least hide or destroy evidence before the police arrive. This can make the case worse. Instead of fleeing or hiding, it’s better to bring a criminal defense attorney to assist and help the person understand their rights.

Let Us Advise You

If you or someone you know has been arrested with or without a warrant, call us at 253-383-3328 to have experienced criminal defense attorneys represent your best interests.

In Washington State, the difference between the terms “rape” and “sexual assault” is a semantic one. Washington’s criminal law has no crime defined as sexual assault. Instead, there’s a general category of sexual offenses, which includes various degrees of rape, and there’s also assault, which covers assault that stems from a sexual motivation. 

What Are the Different Degrees of a Rape?

There are three degrees of rape in Washington State.

• First degree: This is a class A felony with maximum potential penalties of a life term in prison and/or fines of $50,000. It’s defined as:
  • When the person accused of rape illegally entered a building or vehicle where the victim was located, used or threatened to use a deadly weapon (or something that appears to be a deadly weapon), kidnapped the victim, or caused serious physical injury which may or may not have caused the victim to become unconscious.
• Second degree: This is a class A felony. This is a class A felony with maximum potential penalties of a life term in prison and/or fines of $50,000. It’s defined as:
  • When the person accused of rape had sex through forced compulsion, or when the victim was incapable of giving proper consent due to being physically helpless or mentally incapacitated.
• Third degree: This is a class C felony with maximum potential penalties of five years of prison and/or a fine of $10,000. It’s defined as:
  • When the person accused of rape made threats of unlawful harm to the victim’s property rights or where sexual activity was done without consent in situations other than those described in the first and second-degree charges. 

What Is Consent?

The first thing to understand about the crime of rape is that it’s based on the concept of consent. Someone who freely and willingly consents to sexual contact, either verbally or through actions and behavior, has consented to the sexual activity and is not thought to have been raped.

But that’s not always clear. Other factors include:

• Someone who gave consent while intoxicated with drugs or alcohol, was in a time of distress or was coerced, may be able to argue that they did not consent.
• People have the right to take back their consent, whether during the sexual act or at a subsequent time when the other person tries to initiate sex.
• It’s not a good idea to trust implied consent. Ask directly, and if the answer isn’t yes, don’t proceed.

Let Us Advise You

Sexual offenses can be complex and challenging to navigate. Call us at 253-383-3328 to learn how our attorneys’ experience can help someone accused of these offenses understand the laws and how to work within them.

On the surface, driving under the influence (DUI) and physical control sound similar; wouldn’t someone driving under the influence also have physical control of that vehicle? But that’s not how those terms are defined in Washington State. It’s important to understand the differences. 

What Is Physical Control?

Physical control is the state of being under the influence of alcohol and/or drugs and in a vehicle that the person isn’t driving but could potentially drive while incapacitated. That can include everything from someone sleeping off drugs or alcohol in a car; being a passenger who moved over to the driver’s seat but hasn’t started driving yet; someone stranded by the side of the road whether due to mechanical problems, lack of gas, or road conditions; or simply anyone under the influence who’s in a vehicle with keys in the ignition. If the driver could start to drive, they would have physical control of the vehicle. 

What Is Driving Under the Influence?

DUI is taking physical control to the next level. The intoxicated driver is not only in the vehicle but has started the ignition and is moving along the street or highway. Once the ignition is engaged and the car shifts into motion, the vehicle’s occupants and others in the vehicle’s path are at higher risk.

What Are the Consequences for Physical Control and DUI Violations

Physical control is a gross misdemeanor in Washington State and is subject to the same types of sentences and financial obligations as a DUI. There are differences in outcomes depending on various factors, but in general:

• First offense: The maximum sentence after conviction is 364 days in jail and a fine between $350 and $ 5,000.
• Second offense: The maximum sentence after conviction is 30-364 days in jail and a fine between $500 and $ 5,000.
• Third offense: The maximum sentence after conviction is 90-364 days in jail, with a fine between $1,000-5,000.

Some factors can change these, including having a blood alcohol content of .15% or higher or refusing to take a breathalyzer test. If the impaired driver caused damage or harm to others, there might also be separate charges for that. 

Let Us Advise You

DUI and physical laws and regulations can be complicated. If you or someone you know has been charged with either, call us at 253-383-3328 to work with an experienced DUI attorney.

It’s easy to think that a trial is a trial, and there aren’t different types of trials with varying uses and outcomes. However, that’s not the case. There are two types of trials in Washington State: bench trials and jury trials. Here’s what you need to know. 

What Is a Bench Trial?

In a courtroom, the bench is usually the elevated area where the judge presides and can oversee the entire courtroom. A bench trial does not involve a jury but is a trial in which a judge makes the final decision on guilty or not and accompanying sentences. The judge in these cases hears the attorneys and collects the evidence that a jury would normally consider.

Everyone has the right to a jury trial, but there is no equal right to have a bench trial. Defendants can waive the jury trial right to try and get a bench trial, but there’s no guarantee that either the prosecutor or the judge will accept that.

What Is a Jury Trial?

The U.S. Constitution guarantees everyone the right to a jury of their peers. These are people selected randomly from all walks of life who both the prosecution and defense lawyers interview before they’re allowed onto a specific jury to determine if they have biases that could affect their approach. Jury members hear all the facts and evidence of the case, then meet privately to determine if the defendant is guilty or not. Once they’ve reached a unanimous conclusion, they return to the courtroom and deliver the verdict.

Which Type of Trial Is Better?

The advantage of a bench trial is that it’s often speedier than a jury trial due to not having to go through jury selection and then the time it takes the jury (usually 12 people) to discuss the case before reaching a verdict. But another aspect that could be either positive or negative to the defendant is that the judge is likely to be much more knowledgeable about the law, and they’re also less likely to view political or emotional aspects of the case as relevant factors. That can change the outcome of a trial. 

Let Us Advise You

Call us at 253-383-3328 to learn more about both bench trials and jury trials and what to expect with either.

What Happens When Charges Are Dropped?

The downside of having charges dropped is that the prosecutor retains the option to reinstate the charges later. They may drop charges because they don’t feel they have enough evidence to convict at that time but think there’s a possibility for additional evidence to be introduced eventually. If that happens, the charges are reinstated, and the case can go to court. 

What Happens When Charges Are Dismissed?

Dismissed charges are much more likely to remain dismissed. That means the person charged is much less likely to have the possibility of reinstated charges facing them in the future. The reason is that charges are usually dismissed later in the prosecution when the likelihood is that enough problems have been discovered in the case to make it not worth pursuing.

What Are Some Reasons Charges Are Dropped or Dismissed?

There can be several reasons for dropping or dismissing a charge. As mentioned above, one reason is that the prosecutors don’t think they have enough evidence at that moment to convict, so they opt to drop the charge in case more evidence surfaces later.

Some other reasons for dropping or dismissing charges:

Technicalities. Police officers have specific procedures when charging, arresting, booking, and having someone wait for a criminal trial. If those procedures aren’t followed, that can derail the prosecutorial process.

Lack of resources. An overwhelmed prosecutor may have to cut their caseload by determining which crimes most urgently need attention. Others may be dropped for lack of staff to handle them.

Violation of the defendant’s constitutional rights. Suppose evidence was obtained illegally, such as without a search warrant. In that case, that can be grounds for dropping or dismissal, as the evidence obtained illegally will not be allowed to enter the courtroom.

The defendant is working with authorities. Suppose a defendant is willing to testify against another person charged with crimes or act as an informant to help prosecutors build evidence against another person. In that case, they may have their charges dropped. 

Let Us Advise You

Call us at 253-383-3328 to learn more about getting criminal cases dropped or dismissed.