Theft by Deception: What You Need to Know About Fraud Charges in Washington

Fraud charges can be overwhelming, carrying serious legal consequences that impact your future. Theft by deception, a type of fraud, involves intentionally misleading someone to obtain money, property, or services. Unlike traditional theft, where something is taken outright, theft by deception relies on trickery or false representation. In Washington State, these offenses fall under RCW 9A.56, which outlines various forms of fraudulent activity, including wire fraud, check fraud, and identity theft.

If you’re facing fraud charges, understanding what constitutes theft by deception, the penalties involved, and possible defenses is critical.

Understanding Theft by Deception

Theft by deception happens when someone intentionally misrepresents information to gain financial or material benefits. This could mean lying about a product or service, using false information to secure a loan, or forging a check to receive money that isn’t rightfully theirs. The key element in these cases is intent—prosecutors must prove that the accused knowingly engaged in deceptive practices to commit fraud.

For example, imagine a person alters a check’s amount after it has been signed, increasing the payment in their favor. Or consider someone who poses as an IRS agent, calling individuals and demanding immediate tax payments under false pretenses. These are classic examples of theft by deception and can result in significant criminal penalties.

Common Types of Fraud in Washington

Fraud can take many forms, but some of the most frequently prosecuted offenses in Washington include:

Wire Fraud – This involves using electronic communications, such as phone calls, emails, or text messages, to commit fraud. A common example is a scammer impersonating a government official to pressure victims into making fraudulent payments. Wire fraud is often prosecuted at the federal level and can lead to up to 20 years in prison.

Check Fraud – When someone knowingly writes a bad check, alters check information, or forges a signature, they can face check fraud charges. A simple act—like writing a check knowing there aren’t enough funds to cover it—can lead to misdemeanor or felony charges, depending on the amount involved.

Credit Card Fraud – Unauthorized use of another person’s credit card information, whether through identity theft or skimming devices, is a serious offense. Even a single fraudulent transaction can carry steep penalties, including jail time and restitution.

Identity Theft – Using someone else’s personal information to obtain financial benefits is a growing concern. Whether it’s opening a line of credit in another person’s name or using stolen credentials to make online purchases, identity theft is a felony in Washington and can result in up to 10 years in prison.

Insurance Fraud – Falsely reporting stolen property, exaggerating damages, or staging accidents to collect insurance money can lead to felony fraud charges. Insurance companies and law enforcement agencies aggressively pursue these cases, and convictions can carry both criminal penalties and financial restitution orders.

Penalties for Theft by Deception in Washington

The severity of a fraud charge often depends on the value of the stolen money or property. In Washington, theft by deception can range from a misdemeanor to a felony:

  • Theft in the Third Degree applies to amounts under $750 and is a gross misdemeanor, punishable by up to 364 days in jail and a $5,000 fine.
  • Theft in the Second Degree covers amounts between $750 and $5,000 and is a Class C felony, which can lead to up to five years in prison and a $10,000 fine.
  • Theft in the First Degree involves amounts over $5,000 and is a Class B felony, carrying a maximum penalty of 10 years in prison and a $20,000 fine.

Fraud charges can also be prosecuted at the federal level, particularly when they involve wire transfers, financial institutions, or interstate commerce. Federal convictions often result in harsher sentences, sometimes exceeding 20 years in prison.

Defending Against Fraud Charges

Being accused of fraud does not mean an automatic conviction. Several legal defenses can challenge the prosecution’s case, depending on the circumstances:

  • Lack of Intent – If there was no deliberate deception, the charges may not hold up in court. Honest mistakes or miscommunications do not always amount to fraud.
  • Mistaken Identity – Fraud cases often involve online transactions and electronic communications, making it possible for someone else to have used your identity to commit the crime.
  • Lack of Evidence – The prosecution must prove beyond a reasonable doubt that fraud occurred. If there is insufficient evidence, the case may be dismissed.
  • Consent – If the alleged victim willingly gave money or property under an agreement, it may not constitute fraud.
  • Entrapment – If law enforcement officials pressured or tricked someone into committing fraud, this could serve as a strong defense.

Every case is unique, and the right defense strategy depends on the details of the allegations. That’s why it’s essential to have an experienced criminal defense attorney to build a strong case on your behalf.

What to Do If You’re Facing Fraud Charges

Fraud charges can be life-changing, with long-term legal and financial consequences. If you’re under investigation or have been charged with theft by deception, the most important steps you can take are:

  1. Do not speak to law enforcement without an attorney. Anything you say can and will be used against you in court.
  2. Gather relevant documents and evidence. Bank statements, emails, text messages, and contracts may help support your defense.
  3. Seek legal representation immediately. The sooner you have an attorney on your side, the better your chances of securing a favorable outcome.

At The Law Office of Erin Bradley McAleer, we understand how overwhelming fraud charges can be. Our legal team is committed to protecting your rights and fighting for the best possible outcome in your case. Whether you’re facing state or federal fraud charges, we will aggressively advocate on your behalf.

Contact us today for a confidential consultation. Let us help you navigate the legal system and defend your future.