Accused of Shoplifting in Vancouver, Washington? Laws, Penalties, and Defenses

Shoplifting is a very serious charge and can be embarrassing. A store employee can stop you before you leave the store. A store security guard can stop you and question you about unpaid merchandise that you may have hidden in your cart or on your person. Even after the incident has passed days later you can be contacted by the police and charged with a crime.

In Washington shoplifting is charged as theft. The degree of the crime and the corresponding penalty depends on the retail value of the merchandise that has been stolen, as well as other facts and circumstances surrounding the allegations of shoplifting.

Many people who are accused of shoplifting in Vancouver, Washington need to know their legal rights and options as well as how best to respond to the allegations of shoplifting. A shoplifting defense lawyer in Vancouver, WA can go over the evidence that was used to accuse you of shoplifting and discuss all of your available options.

Is Shoplifting a Crime in Washington State?

Theft is considered a crime under the laws of Washington state. Most shoplifting is charged as Theft, in violation of RCW 9A.56.020. This statute defines wrongful taking of or other exercise of unlawful control of licensed property with intent to deprive.

Shoplifting allegations can involve conduct such as:

• Taking merchandise from a store without paying.
• Concealing unpaid items with the intention to steal them.
• Using price tags or labels on merchandise to receive credit for lesser-priced articles.
• Using a self-checkout system to avoid paying for merchandise.
• Leaving a store with unpaid items.
• Working with another person to take merchandise unlawfully.

Whether an innocent mistake, a genuine error, or even theft of store property by a guest, all shoplifting is NOT treated the same under the laws.

Just being accused of theft is not proof of guilt. You must be proved guilty beyond a reasonable doubt for the crime charged.

What are the different levels of theft for Shoplifting in Washington?

In Washington, all theft is classified based on the value of the property(s) or services involved in the crime, and in some instances by other defined circumstances. Thus, shoplifting can be charged as a third degree crime, a 2nd degree crime or a 1st degree crime.

The following overview describes the general value-based classifications. Other statutory circumstances may affect the charge.

Third-Degree Theft: Merchandise Worth $750 or Less

There are special exceptions found in RCW 9A.56.050 regarding thefts of property and services having a value of $750 or less, and they generally classify such conduct as Theft in the Third Degree, a gross misdemeanor.

First-time shoplifters of inexpensive articles are most often charged with theft in the third degree when sufficient facts exist to charge a theft and no other circumstances exist to upgrade the charge to either second- or first-degree theft.

Even though you have committed a gross misdemeanor, it is still a crime and can have legal and personal consequences even though you may feel that the items have been of such low value that you should not be prosecuted.

Second-Degree Theft: Merchandise Worth More Than $750

These types of thefts are considered to be in the 2nd degree of the crime of theft and are Class C felonies under RCW 9A.56.040 when the value of the property that was taken is more than $750 but less than $5,000.

A felony charge will carry more severe penalties and consequences including the possibility of jail time and the gravity of a criminal conviction on your record.

First-Degree Theft: Merchandise Worth More Than $5,000

Under RCW 9A.56.030 theft of property in excess of $5,000 is classified as theft in the first degree, a Class B felony.

In addition to looking at the value of the merchandise, other circumstances and provisions of law will determine the charge of theft in each case.

Although shoplifting large amounts of merchandise (high-value theft) may have been committed by someone stealing many items or even returning items for cash, the actual charge is based on evidence in the case and applicable laws.

Does the Value of the Merchandise Always Determine the Charge?

No, the mere value of merchandise is not the determining factor of every Theft case. Other circumstances of the conduct, and the nature of the property affected by the alleged conduct, may dictate application of entirely different statutes to be charged under.

We have experience reviewing allegations of theft, the calculated value of the alleged stolen property, and the evidence presented to support charges of theft.

What Happens If a Store Catches You Shoplifting?

Note that shoplifting can be handled in different ways by a store. Store security may stop you and call the police. You may be arrested and charged with a crime. Alternatively the store may choose to issue a citation for you to appear in court on a later date.

1. Store Security May Stop and Question You

Store security may approach you after they believe you have shoplifted. A merchant detaining a person for investigation into suspected theft is governed by RCW 4.24.220. The merchant has a defense to a civil action by the person detained if he has reasonable grounds for detaining the person and detains the person for a time and in a manner which is reasonable under the circumstances while investigating the suspected commission of theft.

As stated above, RCW 4.24.220 is a defense to a civil claim for detention if the store detained the person for an investigation of suspected theft and the store or its representative had reasonable grounds for such detention and detained the person for a time reasonable under the circumstances for the investigation.

Be aware that just because a person is accused of shoplifting by store security does not mean they have the right to detain you against your will. The circumstances of the alleged shoplifting and the store’s compliance with the statute are key to determining whether a valid detainer was issued against you.

2. The Store May Contact Police

Depending on the circumstances of your alleged shoplifting, the retailer may contact police to come and make an arrest or charge you with a crime. Your shoplifting incident could result in a citation and require your appearance in court on a future date.

In some instances the police may not be involved until later.

3. You May Receive a Citation or Court Notice

Whether or not the accused will be arrested for shoplifting, given a citation and released, or the matter will be sent for further investigation or charged, will depend on the specific facts and circumstances of each individual case.

Do not assume that just because you were allowed to leave the store, the incident has ended.

4. The Store May Send a Civil Demand Letter

Many stores are so interested in recouping the loses that they solicit civil payment of such monies, including statutory forfeitures and other amounts. These requests for payment are separate from the criminal case, and should be viewed with skepticism.

Demand letters are separate from criminal cases and create no obligation on the part of the accused to admit to anything or pay any fine. A demand letter simply is a demand and you should read it carefully and seek the advice of a criminal lawyer before admitting any fact or entering into any agreement relating to the demand.

Can a Store Ban You After a Shoplifting Accusation?

A retailer may prohibit future visits to their store. Such a restriction is governed by and may form the basis of further complaints in certain circumstances.

A written notice prohibits you from returning to the store. Take the notice seriously and have a lawyer explain its restrictions and consequences. Note that while you may have resolved the shoplifting allegations, you may still be subject to the restrictions set out in the notice and return to the property in contravention of a valid notice.

Returning to a property listed in a valid store ban after the shoplifting charge(s) have been resolved in your favor can lead to further problems. However, the store ban is usually a separate issue from the criminal shoplifting charges.

What Are the Shoplifting Penalties in Vancouver, WA?

These consequences can be based on a number of factors including the degree of the crime, the facts of the case, the prior criminal history of the person accused of shoplifting, and the current laws and rules of sentencing in Vancouver Washington.

Possible consequences include:

• Jail or prison: This will depend on the degree of the crime for which you have been accused and how you have previously conducted yourself with regards to crime.
• Fines: Fines are possible where a crime is sentenced by a court and fines are allowed.
• Restitution: You may be required to repay the full amount of the losses caused by your conduct for which there is sufficient evidence to prove at trial.
• Criminal Record: Can affect future employment, etc., and even certain housing applications.
• Probation or Community Supervision with various conditions that the defendant must comply with while on probation or supervision.
• Restrictions placed by the retailer on future entry to the store.
• Civil liability: Retailers may also seek remedies in civil actions against individuals and/or others for shoplifting.

Note, however, that a first-time allegation of shoplifting does not guarantee a specific outcome. The facts of the case, the charge or charges, and the defendant’s prior record all play a significant role in determining how a case will be resolved.

Shoplifting Penalty by Store.

Washington law allows stores to sue shoplifters in civil court in addition to the criminal case that the store reports to the police.

RCW 4.24.230 allows for actual damages and a penalty in claims against adults or emancipated minors for shoplifting. The penalty is set by the retail value of the merchandise that was taken, up to $2,850, plus a penalty of $100 to $650, and attorney’s fees and costs of litigation as provided in the statute and allowed.

The amount to be recovered and whether civil liability can be imposed at all will depend on the specific facts of the situation and the terms of the statute.

Keep in mind:

• Note that a demand for payment of money and a criminal conviction are not one and the same.
• Pay the shoplifting demand and be done? No. That demand will not go away by paying it and in all likelihood the demand to pay will in no way resolve the criminal case against you.
• A retailer’s civil claim for shoplifting is separate and distinct from a criminal case for shoplifting.
• A demand letter does not necessarily mean that you owe the amount of the letter and it is not necessarily accurate.
• Don’t assume that the letter or demand that you receive is accurate. Read it carefully, and consider speaking with an attorney before you respond to the letter or demand.

What Are Common Defenses to a Shoplifting Charge?

The appropriate defense will depend upon the facts and circumstances of the case as well as the offense charged in the criminal information.

Lack of Intent to Steal

The intent required to commit theft in accordance with the theft statute must be proven by the State. However, an unintentional failure to ring up a merchandise for sale or an honest mistake in checking out merchandise does not prove the required intent to commit theft.

For example, a customer mistakenly leaves an item under a stroller in the cart or fails to notice that an item failed to ring up at the self-checkout. The facts and circumstances surrounding such actions and the evidence that supports or refutes them will determine whether the customer’s explanation is believable.

Mistaken Identity

Store security footage may be unclear or the witnesses that a store has for a shoplifting incident may have mistaken the defendant for someone else.

A lawyer can go through all the store’s evidence including surveillance video, witness statements, receipts, and even the timestamps on documentation to establish whether or not the store has properly identified the person that they accuse of shoplifting.

Disputed Merchandise Value

The amount that the store has valued the allegedly taken merchandise can determine whether the charge is a misdemeanor or a felony. The defense attorney would examine the store’s evidence of the valuation of the merchandise and challenge whether it supports the degree of theft for which the defendant is charged.

Lack of Sufficient Evidence

A defendant is able to attack the proof offered by the prosecution to prove the crime charged. The important thing to remember is that all of the elements of the offense charged must be proven by the State beyond a reasonable doubt.

Authorization or a Genuine Dispute

There are instances where a shoplifting incident was permissible such as where payment was due but not made, or where someone took something that was their own. Relevant documentation such as receipts, transaction printouts, text messages and store policies will assist in determining whether or not such circumstances exist.

Whether or not these facts create a defense for your case is highly dependent on the specific facts and the laws of your state.

Improperly Obtained Evidence

A lawyer can also review how evidence such as written or oral statements by a defendant, searches of homes or vehicles, and digital evidence was collected by the police to determine whether there were any improper actions by law enforcement.

Don’t Assume a Defense Exist to Guarantee Dismissal or Acquittal of Charges. However, this does not mean that no Defense will Exist to Guarantee Dismissal or Acquittal of Charges. A competent Attorney can evaluate all of the facts of your case and recommend the appropriate course of action.

What Should You Do If You Are Accused of Shoplifting?

If you are accused of shoplifting by a store, there are several steps you can take to proceed in the best way.

• Please keep your cool as you could increase the situation and in most cases it could end up in you being charged with the offense of Retail Theft.
• Do not assume that the store has proof of the alleged Shoplifting or Theft offense. Moreover, you have no idea what evidence the store has against you even if you assume that there is proof of an alleged offense.
• Also be careful not to make unknowing statements that may later come back to haunt you. Get the advice of an attorney before making any statements regarding the alleged shoplifting.
• Keep all relevant documentation including receipts, payment confirmations, and messages which relate to the incident in question.
• Preserve all relevant evidence and do not destroy any potential evidence in your case. Instead, allow your attorney to decide whether to use or to introduce such evidence at trial or in negotiating with the prosecutor.
• Be very careful to distinguish between a store issuing a civil demand to return merchandise and a criminal court issuing a notice in a shoplifting case.
• Ignoring a court case or missing a required hearing is not recommended. Make sure you know the date of any required appearances and keep track of any time limits set by the court.
• Contact an attorney if you are charged with a crime or if police are investigating you for a crime. Your attorney will explain your rights and help you with all of your options.
• If you believe the shoplifting charges against you are false and were wrongfully accused, do not approach any witnesses to attempt to tell them differently. Provide your attorney with all relevant evidence and let him or her advise you on how best to proceed.

Can Shoplifting Charges Be Dismissed in Washington?

Whether a shoplifting charge can be dismissed depends on several factors including the amount of evidence that the state has against the person accused of shoplifting, the legal issues involved, and prior history of the case.

A defense lawyer may examine whether:

• The prosecution can establish the required intent.
• The evidence correctly identifies the accused.
• The alleged merchandise value supports the charge.
• Store surveillance or witness statements contain inconsistencies.
• Evidence was collected lawfully.
• A procedural or constitutional issue supports a recognized remedy.

Dependent on the circumstances of your case, your attorney can prepare and argue a motion, negotiate with the prosecutor to reach a dismissal or lower charge, or get your case ready for trial.

There are many factors that determine what kind of relief can be afforded to an individual accused of shoplifting, including the nature of the charge and the laws of the state where the incident occurred. There is no guarantee that a first time shoplifting offense will be dismissed and/or the accused eligible for a special program.

Can a Shoplifting Charge Affect Your Future?

While the immediate effects of a shoplifting conviction may be understood by someone who has been previously convicted of such a crime, it can have different effects on others. The effects of a shoplifting conviction can extend to employment, housing, professional licenses and more.

• Employment applications and background checks.
• Housing applications.
• Certain professional or occupational opportunities.
• Financial responsibilities related to fines or restitution.
• Future criminal proceedings if another offense occurs.

As with any past conviction, there are varying ways that a Shoplifting conviction will affect an individual’s future depending on the circumstances of the offense and how it was resolved by the court. A Shoplifting attorney in Vancouver, WA can assist an individual who has been previously convicted of Shoplifting and is seeking post-conviction relief and help determine if they are eligible for relief of their conviction(s) depending on the type of offense(s), the sentence(s) imposed and the dollar amount of the fare(s) of the merchandise(s) alleged to have been taken.

How Can a Shoplifting Defense Lawyer in Vancouver, WA, Help?

An experienced criminal defense attorney will be able to review your case and discuss all of your available options to the fullest.

Depending on the circumstances, legal representation may include:

• Reviewing police reports, store records, and surveillance footage.
• Determine whether evidence presented supports degree of theft charged.
• Investigating questions about intent, identity, and merchandise value.
• Reviewing statements made to store employees or police.
• Evaluating potential legal challenges.
• Communicating with the prosecutor when appropriate.
• Explaining possible resolutions and preparing for court.

Even if no formal charges have been filed by the police, it is wise to seek the advice of a lawyer early on in the investigative process. The lawyer can inform you of your rights and assist you in avoiding other misconduct which could result in serious consequences.

Why Contact Mcaleer Law for a Shoplifting Accusation?

Many of our clients are overwhelmed by the situation of the retail store accusing them of shoplifting, and are worried about losing their jobs, suffering damage to their reputation, and receiving a criminal record.

The firm can provide clients with an understanding of a given charge and all of the attendant circumstances and help clients explore all of the attendant and pertinent defenses to a given charge or set of circumstances.

If a retailer accuses you of shoplifting, you are contacted by the police or you receive notice of a court date, contact right away.