If you’ve been charged with a property crime in Washington, you might hear terms like theft or burglary used interchangeably. But under Washington law, these are not the same thing. While both involve unlawfully taking or attempting to take something that is not yours, the legal definitions – and potential consequences – are quite different. Please contact a skilled criminal defense attorney now if you have been charged with any type of property crime.

Theft (Stealing) Under Washington Law

RCW 9A.56.020 is the Washington statute that outlines the crime of theft. Theft is commonly referred to as “stealing” under Washington law. A person commits theft when they:

  1. Wrongfully obtain or exert unauthorized control over someone else’s property or services, and
  2. Do so with the intent to deprive the other person of that property or service.

Please note that there are different degrees of theft depending on the value and nature of the property involved. These degrees are:

  • Theft in the First Degree (RCW 9A.56.030): This involves property worth over $5,000.
  • Theft in the Second Degree (RCW 9A.56.040): This involves property worth between $750 and $5,000.
  • Theft in the Third Degree (RCW 9A.56.050): This involves property worth less than $750.

Depending on the facts of your case, theft can be charged as either a misdemeanor or a felony. Penalties can be as severe as a state prison term of up to 10 years and a $20,000 fine.

Burglary Under Washington Law

Burglary is defined under RCW 9A.52 and focuses more on unlawful entry rather than the theft itself. A person commits burglary when they enter or remain in a building unlawfully with the intent to commit a crime inside – not necessarily theft.

There are two main degrees of burglary. These are:

  • Burglary in the First Degree (RCW 9A.52.020): This involves entering a dwelling and being armed or assaulting someone.
  • Burglary in the Second Degree (RCW 9A.52.030): This involves entering a building (not a dwelling) with the intent to commit a crime.

There’s also a separate charge for residential burglary (RCW 9A.52.025), which applies to unlawfully entering someone’s home, even without a weapon or assault.

Contact Black & Askerov for Help

Note that while a defendant can raise a legal defense to challenge a theft or burglary charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on criminal charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!

* Main image at top by freepik