Theft or Robbery Charge?

Theft in Washington State

Theft is the unlawful taking or keeping of another's property or services with the intent to deprive the true owner of those services or property. The initial charging decision of which degree of theft is prosecuted is generally determined by the value of the property taken. If multiple items are taken as part of a common scheme or plan, the value of the items can be added together to support the charge. A valid defense to theft can be that the person taking or retaining the property honestly believes it is their own property.

• Theft in the First Degree

  Theft in the First Degree can be charged if the property at issue is valued at over $1,500.00. Theft in the first degree is a Class B felony.

  9A.56.030

• Theft in the Second Degree

  Theft in the Second Degree can be charged when the value of the property is between $250.00 and $1,500.00. Theft in the Second Degree may also be charged if the property taken is a public record or an access device such as a credit card or a car key. Theft in the Second Degree is a Class C felony.

  9A.56.040

• Theft in the Third Degree

  Theft in the Third Degree can be charged if the value of the property or services taken unlawfully is less than $250.00. Theft in the third degree is a gross misdemeanor.

  9A.56.050

Robbery in Washington State

A person commits robbery when he unlawfully takes property from another person by using force or the threat of immediate force.

• Robbery in the First Degree

  Robbery in the First Degree can be charged if during the act or immediate flight from robbery the defendant is armed with a deadly weapon, displays what appears to be a deadly weapon, inflicts bodily injury on another, or commits the crime within and against a financial institution. Robbery in the First Degree is a Class A felony.

  9A.56.200

• Robbery in the Second Degree

  Robbery in the Second Degree can be charged if no weapon is used or nobody is injured, and the act is not committed against a financial institution. Robbery in the Second Degree is a Class B felony.

  9A.56.210

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