Can You Go to Jail for Shoplifting Under $750 in Washington?

Shoplifting may seem like a minor offense, especially when the value is low—but in Washington, it can still lead to criminal charges, a permanent record, and even jail time. If you or someone you know has been accused of shoplifting merchandise worth less than $750, here’s what you need to know about theft in the third degree, possible penalties, and available alternatives to jail.

What Is Theft in the Third Degree in Washington?

Under RCW 9A.56.050, theft in the third degree—often referred to as “petty theft”—applies when a person:

  • Wrongfully obtains or exerts unauthorized control over property or services,
  • With intent to deprive the rightful owner,
  • And the value of the property or services is less than $750.

This includes most shoplifting cases involving clothing, electronics, cosmetics, or groceries. Even if the value is minor, the charge is still a gross misdemeanor under Washington law.

What Are the Penalties for Theft in the Third Degree?

Theft in the third degree is classified as a gross misdemeanor, which carries:

  • Up to 364 days in jail,
  • A fine of up to $5,000,
  • Restitution to the victim, and
  • A permanent criminal record if convicted.

In addition to court-ordered penalties, a theft conviction can affect future employment, housing, professional licensing, and immigration status. This is especially true for young adults or non-citizens, for whom even a misdemeanor may carry significant collateral consequences.

Can You Really Go to Jail for Shoplifting?

Yes. Jail time is legally possible—even for a first offense. However, in most cases, especially for individuals with no criminal history, prosecutors may not seek the maximum penalty. That said, every court and prosecutor handles these cases differently, and outcomes can vary based on:

  • The defendant’s prior criminal record,
  • Whether they are on probation or parole,
  • The specific facts (e.g., use of tools, concealment, repeat behavior), and
  • Whether they cooperate with loss prevention or law enforcement.

Common Plea Alternatives and Diversion Options

In Washington—especially in counties like Clark County—defendants facing first-time theft charges may be eligible for alternatives that can avoid jail and sometimes even a conviction. These include:

Stipulated Order of Continuance (SOC)

A SOC allows a defendant to complete certain conditions—such as community service, theft awareness classes, or restitution—in exchange for dismissal of the charge after a set period. If successful, the case does not result in a conviction.

Pretrial Diversion or Deferred Prosecution

Some courts offer pretrial diversion programs, particularly for juveniles or first-time adult offenders. Upon successful completion of the program, charges are often dismissed.

Reduction to Civil Infraction or Lesser Charge

In certain cases, prosecutors may agree to reduce a criminal charge to a civil infraction (such as “disorderly conduct”) that carries no jail time and has less stigma.

Restitution and Dismissal Agreements

In some cases, negotiating full restitution to the store and completing a theft class may result in reduced penalties or dismissal, especially if the person has no prior offenses.

Should You Hire an Attorney for Shoplifting Charges?

Absolutely. Even a misdemeanor theft conviction can follow you for years and make background checks difficult. An experienced criminal defense attorney can:

  • Evaluate whether the State can prove the case beyond a reasonable doubt,
  • Challenge any improper searches or detentions,
  • Negotiate for dismissal, diversion, or reduced charges, and
  • Represent you in court and help avoid unnecessary consequences.

In many cases, early intervention by counsel can mean the difference between a permanent record and a second chance.

Contact the Law Office of Erin Bradley McAleer

If you’re facing shoplifting or theft charges in Vancouver or anywhere in Clark County, don’t navigate the court process alone. At the Law Office of Erin Bradley McAleer, we provide compassionate, strategic defense with a focus on minimizing long-term harm and protecting your rights.

We’ve helped hundreds of clients resolve theft charges—often without a conviction—and we’re here to help you move forward. Call today for a free consultation.