Stolen Property Charges in Washington: Laws, Penalties, and Defense Options

Possessing stolen property can be a serious offense with consequences that may affect your freedom, your wallet and your good name. In Washington, you could be charged with a crime for receiving, keeping, concealing or disposing of property which you know to be stolen. It doesn’t matter that you didn’t steal it.

Just because you possess something later found to be stolen does not mean you have committed a crime. All of the circumstances surrounding the transaction, a person’s knowledge or lack thereof, the amount of other evidence that exists to prove the crime, are all factors in determining whether one has committed a crime for possessing later found stolen property.

A person accused of stolen property can have their freedom, finances and reputation harmed. This article is to help inform a person accused of possession of stolen property of the law and possible defenses.

What Are Stolen Property Charges in Washington?

As described above, Washington law defines the crime of stolen property as: knowing receipt, retention, possession, concealment, or disposal of property of another with the intent to: withhold it from the rightful owner; or appropriate it to the use of another.

This is a separate offense from stealing the property in the first place and the original thief does not have to have been identified, arrested or convicted of stealing the property for possession charges to be brought against another. RCW 9A.56.140

Examples of situations that may lead to stolen property charges include:

• Buying electronics, jewelry, or tools that were stolen.
• Keeping merchandise that someone obtained through theft.
• Selling or transferring stolen property to another person for their use.
• Hiding stolen goods for another person.
• Retaining property after learning that it was stolen.

This would include details about how you got the property and how much you paid for it. It would likely include review of any receipts provided to you by the seller. Investigators would also look at your actions and your knowledge when you received the property.

What Must the Prosecutor Prove in a Stolen Property Case?

These same elements must be proven beyond a reasonable doubt in a stolen property case. Are the following true in a given stolen property case:

• The property was stolen.
• You knowingly received, retained, possessed, concealed, or disposed of it.
• You knew the property was stolen.
• You withheld the property from the rightful owner or appropriated it for someone else’s use.

The specific elements that must be proven for a charge of stolen property depend on the charges and the specific statutes which apply.

An example of this would be that purchasing a used laptop at a fair price from a normal seller would be considered differently than if you knew the laptop had been stolen and purchased it from the person who stole it for a low price after they admitted that they had stolen it.

A conviction for possessing stolen property can be proven with circumstantial evidence and suspicious circumstances. However, suspicious circumstances alone are not enough for a conviction and all of the circumstances would have to be reviewed by a defense attorney to see if there is enough evidence to support a guilty verdict.

Degrees of Possessing Stolen Property in Washington

Stolen property crimes are divided into degrees primarily on the basis of the amount of the property involved, as well as the type of property. There are three degrees of possessing stolen property for ordinary property in the statutes.

Generally, the above categories of conduct are defined by the three main stolen property possession statutes RCW 9A.56.150, RCW 9A.56.160 and RCW 9A.56.170. In addition, special provisions regarding various types of stolen property such as some types of emergency-response equipment, access devices, firearms and motor vehicles are set forth in RCW 9A.56.150.

First-Degree Possession of Stolen Property

Possessing greater than $5,000 in stolen property is also a Class B felony (first degree possession). Usually this involves a large amount of property but it can also be specific items of particular value such as certain emergency-response equipment listed in RCW 9A.56.150.

A felony can have serious consequences including time in jail or prison and large fines, in addition to creating a criminal record that can affect future endeavors.

Second-Degree Possession of Stolen Property

2nd Degree Possession of Stolen Property: This is the ordinary form of possession of stolen property where the value of the property is over $750.00 but is less than $5,000.00. This includes many types of property including access devices (such as credit cards) and public records.

This offense is a Class C felony even though much of the stolen property is recovered by the accused. Such an offense can have serious consequences.

Third-Degree Possession of Stolen Property

Note that Third-Degree Possession of Stolen Property can be charged as a gross misdemeanor when the amount of ordinary stolen property is $750 or less.

Although a gross misdemeanor is much less serious than a felony, it can have very serious consequences, especially with reference to future employment, and even to future applications for housing.

Note also that the amount of the property and the kind of property involved, as well as the special provisions of the statute that are being charged, can affect how an offense is classified.

What is the Difference Between Theft and Possessing Stolen Property?

Theft and possession of stolen property are two separate crimes.

Theft generally involves the wrongful taking or exertion of control of another’s property or services (see RCW 9A.56.010 and 9A.56.020), whereas Possession of Stolen Property involves the act of knowingly receiving, retaining, possessing, concealing, selling, etc. property already stolen (see RCW 9A.56.140 and following).

Possession of Stolen Property involves knowingly receiving, retaining, possessing, concealing, selling, or using property of another which has been theft stolen.

For example, the theft of a phone from a retail store could give rise to a charge of theft. In addition, if someone later purchased that same stolen phone knowing it to have been stolen, they could be charged with the possession of stolen property.

A person can be charged with both theft and possession of stolen property where there is sufficient evidence to support both charges for the offense alleged in the indictment or information. However, each crime has its own elements which must be proven by the State beyond a reasonable doubt.

Can You Be Charged for Possession of Stolen Property If You Didn’t Know It Was Stolen?

Most importantly, how much will knowledge play a part in the stolen property case of the accused?

Knowledge is an element of the crime for possession of stolen property. Therefore, if you purchased an item in good faith (i.e. you had no reason to believe the item was stolen) then that fact and all the surrounding circumstances may prove to be very important to your defense.

Consider these examples:

• An honest purchase: You purchase a used bicycle from what appears to be the owner for a fair price plus receiving documentation for the same.
• A suspicious transaction: You buy several expensive items for a fraction of their normal value after the seller tells you they were stolen.
• A: A person mistakenly possesses property that has been stolen.

Prosecutors can use factors like the price paid for the property, the seller’s statements, circumstantial evidence of the buyer’s conduct and any attempts by the buyer to conceal the property to prove that the defendant knew the property had been stolen. The defendant’s lawyer, however, can present evidence to dispute those circumstances and argue that the defendant did not have knowledge of the true nature of the property.

What are the potential penalties for Stolen Property charges?

Penalties for Stolen Property depends on the degree of the offense charged, prior crimes, the specific facts of your case and all of the rules governing sentences handed down in Washington courts.

Potential consequences include:

• Jail or prison time, whichever is allowed by law for the degree of the crime for which you were convicted.
• Court-imposed fines and financial obligations.
• Restitution when legally ordered.
• A criminal record that may affect future opportunities.
• Additional charges for other crimes alleged in the case.

It is also important to remember that the classification of an offense (e.g. felony or gross misdemeanor) defines the range of possible penalties for that offense. However, the offense’s classification alone does not determine an individual’s sentence.

An attorney can explain the full extent of the possible consequences for your case, considering the charged offense, your prior convictions, and all possible mitigation.

Common Defenses to Stolen Property Charges

While there are several issues that would not apply to another situation and would therefore be attended to separately by an attorney, there are several key areas to which most would relate.

1. You Did Not Know the Property Was Stolen

A defense that you acquired the property for value and did not know it was stolen.

To defend against this type of charge, there are often receipts, payment records, texts and other documents to prove what the defendant knew when he/she obtained the property in question.

2. You Did Not Possess or Control the Property

Investigators must connect the accused person to the alleged offense. Property found in a shared home, vehicle, or workplace does not necessarily establish that every person in that location knowingly possessed it.

You can ask your attorney to investigate the facts of your case and see if the evidence can establish that you were the one who had possession or control of the stolen property.

3. The Property Was Not Stolen

Just because there is a dispute over an item that has been taken does not mean that the item was stolen. There is often considerable evidence surrounding an item’s history including purchase receipts, documentation of ownership and communications relating to the item’s ownership or sale.

Evidence which shows that the property in question was acquired lawfully or that the basis of the other party’s assertion of ownership is incorrect would be relevant.

4. The Evidence Does Not Support the Charge

Evidence which has been collected by the police in relation to an allegation of theft from possession includes witness statements, photographs and video recordings, documents and correspondence, messages sent via text or email and physical evidence.

Inconsistencies in the account given by witnesses or gaps in the chain of events may weaken the case against you.

5. Law Enforcement Violated Your Rights

Whether or not your rights have been violated by law enforcement will depend on the facts and circumstances surrounding your case. Whether or not evidence is admissible in your case will depend on the application of the constitutional and legal rules to the facts of your case after a detailed review by your attorney.

Not every search or every investigation error will allow the evidence to be excluded from trial; each must be reviewed in detail to determine if it can be used against you.

What Should You Do If You Are Accused of Possessing Stolen Property?

Don’t wait until it’s too late. If you are contacted by the police or become aware that you are the target of an investigation for Possessing Stolen Property, call immediately to speak with an attorney.

• Staying calm is also very important. Remember that an accusation is not a conviction. It is easy to make mistakes when people are under a lot of pressure. Do not rush into anything. Consult with an attorney before you make any decisions.
• Avoid making statements regarding your case, and give the police no cause to believe you are attempting to hide evidence or forbid them from searching for additional evidence.
• Be careful in your dealings with the police. Remember that you have the right to consult with an attorney before answering any questions and do not lie, attempt to conceal evidence or obstruct an investigation in any way.
• Keep relevant evidence. This would include receipts, payment confirmations, messages (text and email), and even listings from the online marketplace where items were purchased.
• Don’t tamper with evidence. This means that you should not attempt to conceal evidence whether it supports your defense or sustains the State’s charges. Additionally, do not destroy any documents or other items of potential use to your attorney.
• Seek the assistance of a qualified criminal defense attorney. He or she will be able to provide you with excellent guidance as to how best to proceed.

Additionally, it is crucial that you know what action the police have taken (i.e. seized your property and issued a warrant, served you with a subpoena or other court documents etc.) and respond accordingly with your attorney. Make sure to note any time restrictions etc. that may affect your case.

Can a Stolen Property Charge Be Reduced or Dismissed?

A charge can be reduced or dismissed in a Stolen Property case depending on the facts, evidence and applicable law involved in the case.

Depending on the case, a defense attorney may:

• Determine whether the state can prove the required knowledge of the stolen nature of property.
• Review the evidence connecting you to the property.
• Examine whether investigators followed applicable legal procedures.
• Identify inconsistencies in witness statements or transaction records.
• Negotiate with the prosecutor for the best possible resolution given the facts and circumstances of your case.
• Pursue appropriate pretrial motions.

How Mcaleer Law Can Help You With Your Stolen Property Charges in Vancouver, WA

Stolen property charges can be complex because knowledge or intent may be an issue depending on the circumstances. Mcaleer Law will help you understand your rights, and craft the best defense strategy based on the evidence, the seriousness of the charges and your individual circumstances. Get a head start on your case, before it is too late.

How Mcleer Law Can Help With Stolen Property Charges in Vancouver, WA Commands and Hygiene in Prison Conktact Us

An allegation of possessing stolen property is a complex issue as to knowledge, ownership, intent, sufficient evidence and the value of the property. Mcaleer Law will provide the best possible defense after knowing the facts of the case as claimed by the state and as proven by the evidence.

If you are currently under investigation, have been arrested for Possession of Stolen Property, or have been charged with Possession of Stolen Property, it is crucial to seek legal guidance as early as possible in the process.

Contact Mcaleer Law for a free initial consultation to discuss your stolen property charges and learn more about the legal options available to you.