Theft

Theft in the First Degree
Theft in the Second Degree
Theft in the Third Degree
Possessing Stolen Property in the First Degree
Possessing Stolen Property in the Second Degree
Trafficking in Stolen Property in the First Degree
Trafficking in Stolen Property in the Second Degree
Identity Theft

Theft in the First Degree — Other than Firearm or Motor Vehicle. RCW 9A.56.030

A person is guilty of theft in the first degree if he or she commits theft of:
- Property or services which exceed(s) five thousand dollars in value other than a firearm;
- Property of any value, other than a firearm or a motor vehicle, taken from the person of another; or
- A search and rescue dog while the search and rescue dog is on duty.
Theft in the first degree is a class B felony.

THEFT means:

To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or
By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or
To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him or her of such property or services.

The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.

For a conviction of Theft in the First Degree:

An offender score of zero establishes a range of 0 to 3 months in jail.
An offender score of nine establishes a range of 43 to 57 months in prison.

A first offense Firearm Enhancement would add 36 months on to the end of a standard range sentence.

A first offense Deadly Weapon enhancement would add 12 months on to the end of a standard range sentence.

Theft in the Second Degree — Other than Firearm or Motor Vehicle. RCW 9A.56.040

A person is guilty of theft in the first degree if he or she commits theft of:
- Property or services which exceed(s) seven hundred fifty dollars in value but does not exceed five thousand dollars in value, other than a firearm or a motor vehicle; or
- A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant; or
- An access device.
Theft in the first degree is a class C felony.

THEFT means:

To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or
By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or
To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him or her of such property or services.

ACCESS DEVICE means any card, plate, code, account number, or other means of account access that can be used alone or in conjunction with another access device to obtain money, goods, services, or anything else of value, or that can be used to initiate a transfer of funds, other than a transfer originated solely by paper instrument;

The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.

For a conviction of Theft in the First Degree:

An offender score of zero establishes a range of 0 to 2 months in jail.
An offender score of nine establishes a range of 22 to 29 months in prison.

A first offense Firearm Enhancement would add 18 months on to the end of a standard range sentence.

A first offense Deadly Weapon enhancement would add 6 months on to the end of a standard range sentence.

Theft in the Third Degree - RCW 9A.56.050

A person is guilty of theft in the first degree if he or she commits theft of:
- Does not exceed seven hundred fifty dollars in value, or
- Includes ten or more merchandise pallets, or ten or more beverage crates, or a combination of ten or more merchandise pallets and beverage crates.
Theft in the third degree is a gross misdemeanor.

THEFT means:

To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or
By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or
To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him or her of such property or services.

The maximum penalty for Theft in the Third Degree is 365 days in jail and a $5000 fine. The sentencing judge is not required to impose a minimum sentence.

Possessing Stolen Property in the First Degree — Other than Firearm or Motor Vehicle. RCW 9A.56.150.

A person is guilty of possessing stolen property in the first degree if he or she possesses stolen property, other than a firearm or a motor vehicle, which exceeds five thousand dollars in value.
Possessing stolen property in the first degree is a class B felony.

For a conviction of Possessing Stolen Property in the First Degree:

An offender score of zero establishes a range of 0 to 3 months in jail.
An offender score of nine establishes a range of 43 to 57 months in prison.

Possessing Stolen Property in the Second Degree — Other than Firearm or Motor Vehicle. RCW 9A.56.160.

A person is guilty of theft in the first degree if he or she commits theft of:
- He or she possesses stolen property, other than a firearm or a motor vehicle, which exceeds seven hundred fifty dollars in value but does not exceed five thousand dollars in value; or
- He or she possesses a stolen public record, writing or instrument kept, filed, or deposited according to law; or
- He or she possesses a stolen access device.
2. Possessing stolen property in the second degree is a class C felony.

For a conviction of Possessing Stolen Property in the Second Degree:

An offender score of zero establishes a range of 0 to 2 months in jail.
An offender score of nine establishes a range of 22 to 29 months in prison.

A first offense Firearm Enhancement would add 18 months on to the end of a standard range sentence.

A first offense Deadly Weapon enhancement would add 6 months on to the end of a standard range sentence.

Trafficking in Stolen Property in the First Degree - RCW 9A.82.050.

A person who knowingly initiates, organizes, plans, finances, directs, manages, or supervises the theft of property for sale to others, or who knowingly traffics in stolen property, is guilty of trafficking in stolen property in the first degree.
Trafficking in stolen property in the first degree is a class B felony.

TRAFFIC means to sell, transfer, distribute, dispense, or otherwise dispose of stolen property to another person, or to buy, receive, possess, or obtain control of stolen property, with intent to sell, transfer, distribute, dispense, or otherwise dispose of the property to another person.

For a conviction of Trafficking in Stolen Property in the First Degree:

An offender score of zero establishes a range of 3 to 9 months in jail.
An offender score of nine establishes a range of 63 to 84 months in prison.

A first offense Firearm Enhancement would add 36 months on to the end of a standard range sentence.

A first offense Deadly Weapon enhancement would add 12 months on to the end of a standard range sentence.

Trafficking in Stolen Property in the Second Degree - RCW 9A.82.055.

A person who recklessly traffics in stolen property is guilty of trafficking in stolen property in the second degree.
Trafficking in stolen property in the second degree is a class C felony.

For a conviction of Trafficking in Stolen Property in the Second Degree:

An offender score of zero establishes a range of 1 to 3 months in jail.
An offender score of nine establishes a range of 51 to 60 months in prison.

A first offense Firearm Enhancement would add 18 months on to the end of a standard range sentence.

A first offense Deadly Weapon enhancement would add 6 months on to the end of a standard range sentence.

Identity Theft - RCW 9.35.020.

No person may knowingly obtain, possess, use, or transfer a means of identification or financial information of another person, living or dead, with the intent to commit, or to aid or abet, any crime.
Violation of this section when the accused or an accomplice violates subsection (1) of this section and obtains credit, money, goods, services, or anything else of value in excess of one thousand five hundred dollars in value shall constitute Identity Theft in the First Degree. Identity theft in the first degree is a class B felony punishable according to chapter 9A.20 RCW.
A person is guilty of identity theft in the second degree when he or she violates subsection (1) of this section under circumstances not amounting to identity theft in the first degree. Identity Theft in the Second Degree is a class C felony punishable according to chapter 9A.20 RCW.

The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.

For a conviction of Identity Theft in the First Degree:

An offender score of zero establishes a range of 3 to 9 months in jail.
An offender score of nine establishes a range of 63 to 84 months in prison.

A first offense Firearm Enhancement would add 36 months on to the end of a standard range sentence.

A first offense Deadly Weapon enhancement would add 12 months on to the end of a standard range sentence.

For a conviction of Identity Theft in the Second Degree:

An offender score of zero establishes a range of 0 to 3 months in jail.
An offender score of nine establishes a range of 43 to 57 months in prison.

Tim@LearyDefense.com
206-382-2401
1111 Third Avenue, Suite 2230
Seattle, WA 98101

Homicide

Homicide defense requires an examination of a variety of issues: identity, self defense, alibi, faulty eyewitness witness identification, inadequate investigation and mental defenses.

Assault

The most common issues in assault cases are self defense and victim fabrication. I have had great success uncovering information that is favorable for my clients and all too often overlooked by the police.

Robbery

Robbery cases often involve questions of identity or victim participation. Many wrongful convictions from around the country involve faulty identification procedures that invariably result in misidentifications. In other cases, the victim is less than forthright in what is actually a dispute over money, drugs or property.

Burglary

In burglary cases, the issues often center around identity, proof that the defendant indeed to commit a crime inside the building (if not, it is a criminal trespass) and whether the building was open to the public.

Theft

Theft cases are often document driven cases. Questions include – whether the defendant was the person who took the money or property? Was taking wrongful? Did the defendant have permission?

Malicious Mischief

In malicious mischief cases, can the State prove that the defendant was acting maliciously or was it simply an accident? Other issues often involve questions of identity, the admissibility of the defendant’s statements, and the true cost of the damage.

Arson

Arson cases present all kinds of issues that must be examined: identity, accidental vs. intentional fires, sufficiency of the investigation, intent, admissibility of the defendant’s statements, and identity.

Driving/Motor Vehicle Offenses

Criminal traffic cases can be very complex and technical. The difference between an accident and an alleged criminal act can often be very narrow. The defense must scrutinize the accident reconstruction, the witnesses’ accounts and scientific tests.

Guns

Courts take gun cases very seriously given that they frequently see cases involving gun that end with tragic results. Weapons cases often involve questions of whether the officers conducted a proper search and had a basis to seize the gun.

Domestic Violence

Domestic Violence cases run the gambit – anything from misdemeanor theft to murder. It is simply a designation that is added to a crime. However that designation can have significant consequences for defendants.

Juveniles

All too often kids do things that they and their parents regret. The juvenile justice system is supposed to place an emphasis on rehabilitation over punishment. In addition to all the other applicable defenses, it is important that the court not forget that we are working with a kid and not an adult.

Immigration Consequences

The consequences of a criminal charge, let alone a conviction, can be devastating for noncitizens. Work visas, education visas, tourist visas and the ability to later naturalize can hang in the balance depending the case’s outcome.