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Posted by Michelle Dellino | Oct 03, 2015 | 0 Comments

Practice Area:  Criminal

Description:   Our client was charged with Third Degree Theft (“Theft 3”) in Municipal court for allegations of shoplifting. This was a repeat offense for client and he faced potential jail time in addition to hefty fines. Thorough investigation yielded evidentiary issues with store surveillance and we were able to negotiate outright dismissal of the charges.

Outcome:  Dismissal of all charges

Message:  Merchants of all kinds throughout Western Washington put significant funding into loss prevention and do not hesitate to encourage prosecution of even the smallest offenses. It is essential to understand the law and the consequences. What may seem like a minor offense could have a very detrimental outcome. Theft in Washington State is separated into three different categories, which are described here on our prior blog post. The degree is generally determined by the value of stolen items.

Third Degree Theft (RCW §9A.56.050) may be charged if the property or services stolen does not exceed $750 in value. Theft in the third degree is considered a gross misdemeanor, which is punishable by up to one year in jail, a maximum fine of $5,000, or both. This demonstrates that theft of relatively small value can add up to big problems. In addition to fines and jail time, you are faced with the implications of having a criminal record.

Of note:  Retail theft using an access device makes it a Second Degree Theft (“Theft 2”) charge, despite the dollar amount. An access device (RCW 9A.56.010) refers to any card, code, or other means of account access, and Theft 2 is a class C felony. It is important to clearly understand that shoplifting, even with a low property value, can in these circumstances become a felony and elicit very serious consequences.

If you or someone you care about has been charged with a criminal offense involving theft or shoplifting, contact a skilled criminal defense attorney as soon as possible.  The earlier you act the more options you may have. Our criminal defense attorneys are skilled and available to help protect your criminal record and to reach the best possible outcome. Before you pay any penalties or admit to any fault, it is essential that you consult a knowledgeable attorney. Please contact us today for a Free Consultation.

About the Author

Michelle Dellino

Michelle Dellino is the Managing Attorney of Dellino Law Group. The firm was founded on her belief that there is, very simply, a solution to every problem. Her personal practice focuses on complex family law matters including high conflict cases; high asset and long term marriage dissolution; cases involving business owners, IT, and medical professionals; domestic violence family law; and preparing cohabitation, prenuptial, and postnuptial agreements. Both a trained mediator and former criminal trial attorney, she has the skills and experience to take a case anywhere it needs to go, whether that is a creative settlement or intensive courtroom litigation. In her free time she chases her four dogs and two cats, loves the New York Yankees because mediocrity is not tolerated in pinstripes, and travels as often as she can.


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