Retail Theft Charges in Vancouver WA

Retail Theft Charges in Vancouver WA

Many people are surprised to learn that a retail theft accusation can have consequences far beyond the walls of a store. In Vancouver, Washington, retail theft can lead to criminal charges, penalties, and even a criminal record that impacts a person’s ability to secure employment or pursue future opportunities.

Shoplifting is another name for retail theft and is charged as theft under the laws of Washington. The degree to which a shoplifting charge is charged as a crime depends upon information such as the amount of the merchandise that was taken, the circumstances of the theft, and whether or not the retail theft was committed as part of an organized retail theft scheme and/or other crimes such as identity theft.

At Michael Gala we understand the accusations of Retail Theft can have consequences far beyond being accused of shoplifting in Vancouver, Washington. We would be happy to discuss your rights and possible defenses to charges of Retail Theft.

What Is Retail Theft in Washington?

Retail theft refers to the act of a retail consumer taking merchant goods with the intent to not pay for them or of other actions described in Washington statutes to constitute theft.

Washington law defines theft in general terms to include actions where a person wrongfully obtains or exercises control over another’s property, either by taking it or in some other way, for purposes of latter’s deprivation by such. Shoplifting is typically charged as other thefts as offenses in violation of the same Washington theft statutes.

Examples of conduct that may lead to retail theft allegations include:

  • Leaving a store with merchandise without paying.
  • Concealing merchandise with the intent to take it without paying.
  • Switching price tags to pay less than the required price.
  • Permitting another to conceal merchandise on your behalf in order to steal said merchandise.
  • Working with another person to steal merchandise.
  • Taking merchandise on multiple occasions as part of an alleged theft scheme.

Different circumstances exist when a shopper mistakenly fails to ring up merchandise, fails to pay for an item, or disputes payment for a purchased item. Intent to commit theft is required to charge a person with retail theft.

Shoplifting Penalties in Vancouver WA – Retail Theft Sentencing for Shoplifting.

Theft offenses generally are classified based on the value of the property or services which were the subject of the offense and the circumstances of the commission of the offense. Likewise for retail theft offenses.

Third-Degree Theft

For ordinary property and services, Third Degree Theft has a maximum value of $750. Typically Third Degree Theft is charged as a gross misdemeanor in retail theft cases.

Even when the circumstances are the same, a repeat offender may receive greater penalties for their crimes than a first-time offender. In addition, the mere fact that a person has been convicted of Retail Theft in the past, does not necessarily mean that they will receive greater penalties for their current offense.

Second-Degree Theft

Second-degree theft in the form of retail theft involves property of a value greater than $750.00 but less than $5,000.00 in value. This type of retail theft is classified as a Class C felony in RCW 9A.56.040. In addition to ordinary retail property, there are other types of property that are covered by this statute as well.

Felony shoplifting has harsher consequences to the individual and affects their life for years to come with possible jail time and severe consequences following a felony conviction for retail theft.

First-Degree Theft

First-degree theft generally has a $5,000 or more value, and is classified as a Class B felony. As noted above, however, there are several circumstances in which theft is deemed first degree regardless of the value of the property.

Merchandise value is not the only determining factor of theft charges. There are many factors including the type of property that was stolen, the way in which the theft was committed and the specific language of the retail theft statute that will be applied in any given case.

What Is Organized Retail Theft?

Organized retail theft is different from shoplifting. While typical shoplifting is charged as theft, Organized Retail Theft is charged under a special statute which includes requirements for the value of the merchandise and the circumstances of the conduct.

Organized Retail Theft, on the other hand, is governed by a specific statute which outlines the criteria to determine whether alleged conduct constitutes organized retail theft. Generally, such conduct involves the embezzlement of over $750.00 worth of merchandise and can be elevated to First Degree Organized Retail Theft and a Class B Felony when the particular criteria for such conduct are met as outlined in the statute.

Investigators may examine:

  • Whether multiple people allegedly participated.
  • Whether the merchandise was taken from one store or from several stores.
  • The combined value of qualifying merchandise.
  • Communications allegedly coordinating the activity.

Do the Facts of Your Case Satisfy the Elements of the ORT Statute?

Merely having multiple incidents of theft committed by the same individual or group does not automatically constitute Organized Retail Theft. All elements of the statute must be established by the State in order to obtain a conviction for Organized Retail Theft.

Can a Store Have You Arrested for Shoplifting?

While a retailer can detain a suspected shoplifter and report the incident to the police, having you arrested for shoplifting is up to the police. Whether or not the police end up arresting you for the alleged theft depends on whether or not they have sufficient evidence to sustain the charge for the crime of shoplifting.

Retail stores use many tools including security cameras, loss prevention personnel, transaction records, inventory management software (either manually or electronically updated), and even witness statements in order to investigate a shoplifting incident.

A store’s accusation of shoplifting does not constitute proof of a crime. The store’s evidence must be presented to the proper authorities and proved beyond a reasonable doubt by the prosecution in a criminal trial.

A loss prevention official from a store may question you after an incident, and it is wise to seek the advice of a criminal lawyer before you answer any questions by police with respect to another alleged incident of shoplifting.

What Evidence Can Be Used in a Retail Theft Case?

Evidence Used in Retail Theft Cases.

  • Security camera footage.
  • Statements from store employees or witnesses.
  • Self-checkout and point-of-sale records.
  • Receipts and payment records.
  • Loss-prevention reports.
  • Statements allegedly made by the accused.
  • Evidence concerning the merchandise’s value.

That evidence exists does not mean it proves guilt. Often such evidence does not even support the fact at issue as alleged.

For instance, the video of the incident may not cover the entire transaction, a witness may have mistakenly identified the defendant in the shoplifting incident or there may be more to the self-checkout records than what meets the eye.

Defenses to Retail Theft Charges in Vancouver WA

Because each retail theft case is unique, the best defense to charge of retail theft will depend upon the evidence, the specific charges against you, and the applicable law.

1. Lack of Intent to Steal

Many of the Retail Theft charges in Vancouver WA require proof that the defendant acted with intent to commit said theft. Thus, where the defendant accidentally failed to ring up an item or mistakenly failed to pay for something with the full intent to do so in each instance, it is possible that the defendant is innocent of the crime with which they have been charged.

Receipts, payment records, store procedures and other evidence can be introduced to establish what really happened.

2. Mistaken Identity

Witness identification of a perpetrator in retail theft investigations is often provided by means of surveillance footage. However, should the same fail to reliably identify the accused in the video then the same can be argued to fail to identify the accused in relation to the charged offense.

3. Insufficient Evidence

Although you have been charged with the crime, it is not necessarily a conviction yet. In order for you to be found guilty of a crime, the State must prove each of the elements of the crime charged against you beyond a reasonable doubt.

4. Disputes About Merchandise Value

The alleged value of the merchandise can form the basis for the degree of theft for which you have been charged. Your attorney can review how the state arrived at the particular value, and determine whether there is sufficient evidence to prove that the charged value was in fact the value of the goods you are charged with having stolen.

5. Unreliable or Incomplete Video Evidence

A security video is not always clear or sufficient to prove an event. Video footage must be reviewed in light of all other evidence including witness statements, written documentation of a transaction, and other facts and circumstances.

Have your legal rights been violated by the investigators? Could this issue be challenged in court? For example, the search that led to your arrest or how certain evidence was obtained.

No guarantee of a dismissal for the above arguments. It is necessary to carefully review and evaluate the circumstances of your case.

Can a Retail Theft Charge Be Dismissed?

Retail theft charges can be dismissed but only under legal sufficient grounds for dismissal.

Depending on the case, a defense attorney may:

  • Challenge whether the evidence establishes criminal intent.
  • Examine video footage and witness statements.
  • Dispute the alleged value of the merchandise.
  • Identify inconsistencies in the investigation.
  • File appropriate motions to challenge evidence.
  • Be open to your attorney’s discussions with the prosecutor regarding a potential resolution to your case.

Depending on the facts of your case, there are a variety of options available to you. Your shoplifting attorney can review the charges against you and describe the relative strength and weakness of the Retail Theft case against you, and help you make a determination regarding your best course of action.

Can a Store Demand Money After a Shoplifting Accusation?

As mentioned previously, a store can pursue civil remedies against an accused shoplifter in addition to reporting the incident to law enforcement.

For information regarding civil liability under RCW 4.24.230 for conduct involving merchandise taken from a retail establishment, see Retail Theft – Civil Liability.

Payment of demands does not guarantee that the related criminal matter will be dismissed and that demand letters were never issued in cases where the individual was innocent of crime and therefore never charged.

Ask for legal advice before you respond to a demand letter, and before you agree to settle the demand.

What Should You Do If You Are Accused of Shoplifting?

Shoplifting can be charged as retail theft under state law. A store can accuse you of retail theft at the time of return, and/or you can be investigated by police for shoplifting even after you have left the store.

If you are accused of shoplifting, remain calm. You should not argue with store employees or continue to be confrontational in order to leave the store.

Again, wait to talk to police until you have had a chance to talk to an attorney – usually within an hour.

Preserve all relevant information and records, such as receipts, bank statements, credit card records, etc., and save all communications relating to the incident.

Don’t destroy or delete any evidence whether it is on your smart phone or computer. Collect and save all relevant communications and records.

Follow the requirements of the court in which your case is set to be tried. These may include specific dates for appearances by you or your attorney. Make sure you have noted all such dates and appear on time.

Seek the advice of a criminal defense attorney to discuss the potential consequences of your alleged shoplifting conduct and possible defenses to the charge.

Finally, note that even if you pay for and return the stolen goods or complete other actions of this nature, this does not necessarily mean that the related criminal charges will be dismissed as well.

How Retail Theft Charges Can Affect Your Future

A shoplifting conviction often has consequences beyond the shoplifting case itself. The level of consequences will depend on the specific offense(s) for which you were charged and the ultimate disposition of the case.

  • Employment opportunities and background checks.
  • Professional licensing or workplace requirements.
  • Educational or other applications that ask about criminal convictions.
  • Financial obligations arising from the case.
  • Future criminal proceedings if additional charges arise.

Depending on the offense(s) for which you have been charged and how your case is resolved, your conviction for shoplifting could have serious consequences in the future. An attorney can outline potential consequences for you and whether or not you may be able to seek post-conviction relief in the future.

Retail Theft Defense in Vancouver, WA: How Mcaleer Law Can Help

Whether a client has been charged with shoplifting, accused of retail theft or is concerned about the impact of a retail theft charge on their job, their reputation or their future, it is wise to seek legal counsel to carefully examine the circumstances of the matter and the application of the law to the facts.

Mcaleer Law represents individuals charged with crimes in Vancouver, Washington and throughout the Clark County, Washington area. Mcaleer Law is familiar with the circumstances surrounding Retail Theft cases and can describe the applicable law and possible defenses for such charges.

Whatever the circumstances of the retail theft charge, whether a single incident, a misunderstanding at self-checkout, the amount of merchandise involved, or so-called organized retail theft, it is wise to seek guidance from a lawyer about your rights and best options.

If you have been charged with retail theft in the Vancouver, WA area, contact the Vancouver retail theft lawyers at Mcaleer Law to discuss your options.