Possession of Stolen Property in Vancouver, WA: Charges, Penalties, and Defenses

Possessing stolen property in Vancouver WA is also a crime and can be charged as a gross misdemeanor or as a felony depending upon the value of the property and its description. The State only needs to prove that the defendant knew the property was stolen.

Our lawyers have knowledge of the laws and have a good track record in fighting Possession of Stolen Property charges in Vancouver.

What Does Possessing Stolen Property Mean in Washington?

Stolen property (RCW 9A.56.140) – You commit this crime when you knowingly receive, retain, possess, conceal, sell, or dispatch any property known to have been stolen, or which there is reasonable ground to suspect has been stolen. You must also have the intent to withhold or appropriate such property to yourself against the rights of the true owner.

Three points matter most:

• You don’t have to be the thief. The act of buying, holding, or storing stolen property can in itself be against the law.
• Knowledge is the key element of this crime and the state must prove that you knew the property was stolen.
• “Possession” can include property found in a person’s pocket, in a person’s car, in a person’s home, in a person’s storage unit, etc.

The “Knowledge” Requirement

While it is sometimes possible for the State to prove that a defendant had knowledge that property was stolen (for example, by the defendant removing serial numbers or buying property for a low price and quickly reselling), most cases are proven by circumstances from which the defendant’s knowledge can be inferred.

• Buying an item far below market value
• Removed or altered serial numbers
• Quick resale of the item
• Hiding the stolen item or lying to police about it

In addition to knowledge as an element of the crime of Unlawful Possession of Stolen Property, there is an inference that can be drawn by a jury regarding a defendant’s knowledge of the stolen nature of recently possessed property and failure of that defendant to provide a adequate explanation for such possession.

Degrees of Possessing Stolen Property in Washington

Washington has determined that the degree of the crime of Possessing Stolen Property in Washington will be determined by the type of property and its value.

Possessing a stolen motor vehicle (RCW 9A.56.068) and possessing a stolen firearm (RCW 9A.56.310) are class B felonies regardless of the item’s value and are separate from the Possessing Stolen Property charges listed above.

The maximum penalty listed above is the statutory limit and usually does not reflect the actual sentence handed down by a judge in a specific case. That sentence is typically determined by the individual’s criminal history and the specific circumstances of the crime.

Where Your Case Will Be Heard

Clark County charges related to stolen property will typically be filed as misdemeanors in Clark County District Court and be heard by a single judge. Felony charges will be filed in Clark County Superior Court in Vancouver and heard by a judge and jury.

Common Defenses to a Stolen Property Charge

These are typical defenses for a charge of Stolen Property that can be argued by a good attorney.

1. You Did Not Know the Property Was Stolen

You believed the item was lawfully offered for sale at a fair price by the seller.

2. You Did Not Possess the Property

Merely being in possession of another in a shared residence, within a borrowed vehicle, or within a common area of property does not establish sufficient facts to conclude that an individual is in possession of the stolen property of another. Additionally, the attorney for defendant can challenge whether or not the individual actually possessed the property, as opposed to merely having constructive possession thereof.

3. The Property Was Not Stolen

The State must also prove that the property in question was actually stolen. Often evidence of ownership is missing or ambiguous and can be the basis for a successful defense.

4. A Claim of Right

You were innocent of stolen property if you believed you had a right to the property.

5. The Value Is Inflated

The value of the items charged determines the degree of the crime with which you can be charged. In many cases, the value that has been assigned to the items in question by the prosecutor can be successfully challenged by your lawyer and you may be charged with a less serious felony or even a misdemeanor.

6. An Unlawful Search or Seizure

The item or evidence seized due to an unlawful search or seizure can be suppressed by the court thereby destroying the case against the accused.

What Are the Consequences Beyond Jail?

Remember, a conviction can follow you long after you have served your time. For example:

• A permanent criminal record which appears on background checks and is disclosed on applications for credit and employment.
• Repaying the property to the owner as ordered by the court.
• Probation conditions and court-ordered supervision
• Lost job opportunities and professional license problems
• Housing and loan difficulties
• Loss of firearm rights after a felony conviction

As theft offenses are typically characterized as crimes of dishonesty, they often raise significant concerns with an employer’s perception of an accused’ truthfulness.

What to Do If You Are Under Investigation or Charged with a Crime.

Take these steps right away:

• Stay silent! It is best to remain silent until you can contact an attorney. Do not volunteer information regarding your case.
• Do not consent to a search. Ask them if they have a warrant.
• Refraing from talking with others about your case, including family and friends.
• Keep all of the evidence and prove how you came into possession of the item (i.e. keep receipts, save copies of text messages, etc.).
• Call a criminal defense attorney immediately.

It is also important to remember that there is often time to get charges reduced by a prosecutor prior to the matter even going to court.

How Mcaleer Law Can Help

At Mcaleer Law, we protect people charged with theft and other property crimes throughout Vancouver and Clark County. First, we review the police report to assess their evidence, then discover how evidence was collected and pursue all avenues of defense to tell your side of the story.

We will:

• Determine whether the state has sufficient evidence to prove that you knew the property in question was stolen.
• Challenge searches, seizures, and statements
• Negotiate with prosecutors for reduced charges or dismissal
• Prepare your case for trial when necessary

Frequently Asked Questions

Is possessing stolen property a felony in Washington?

Possessing stolen property can be a felony charge. Property worth more than $750 can be charged as a felony. Property worth $750 or less can be charged as a gross misdemeanor.

Can you be charged with Possessing Stolen Property if you did not steal the item?

Yes. Under RCW 9A.56.030, it is a crime to knowingly possess stolen property, even if you did not steal it yourself.

Is it necessary for us to charge you with possessing stolen property if you did not steal the item in question?

A lack of knowledge regarding a stolen item is a strong defense to this charge. Prosecution must prove that the defendant knew the property was stolen. The defendant’s attorney can attack the evidence used to prove that the defendant did in fact know the property was stolen.

Can a possessing stolen property charge be dismissed?

Yes. Stolen property charges can be dismissed for a number of reasons, including when relevant evidence has been suppressed, there is no sufficient evidence to prove knowledge of the property having been stolen, or through negotiations with the prosecutor.

What is the fine for Possession of Stolen Property? The fine is up to $20,000.00 for a Class B Felony; up to $10,000.00 for a

The fine for the crime of possessing stolen property is up to $20,000 for a B class felony, $10,000 for a C class felony, and $5,000 for a gross misdemeanor, plus the amount of restitution to the owner of the property stolen.

Should I talk to the police?

No. It is wise to consult with a criminal defense attorney prior to speaking with the police regarding your charges of possession of stolen property. Your statements regarding your possession of the stolen property can be used to establish that you had knowledge that the property was stolen.