Misdemeanor vs. Felony Theft in Washington State: Property Value Thresholds Explained

How Washington Courts Categorize Theft

In Washington State, theft charges are strictly graded by the total market value of the stolen property. Understanding the difference between a misdemeanor and a felony is critical, as a felony conviction will strip you of your voting rights, your right to bear arms, and drastically impact your future. If you are facing serious theft allegations, locating a dedicated criminal defense attorney through our US Attorney Directory is highly recommended to protect your rights.

Prosecutors in jurisdictions like the Clark County Superior Court, Vancouver and the Snohomish County Superior Court, Everett closely evaluate the evidence to determine the degree of the charge. The courts generally look at the fair market value of the item at the time and place of the theft. The basic statutory framework is divided into three primary degrees of theft.

Theft in the Third Degree (Under $750)

Defined under Wash. Rev. Code § 9A.56.050, Theft in the Third Degree covers any property or services valued at less than $750. This is classified as a gross misdemeanor. The maximum penalty is up to 364 days in county jail and a $5,000 fine. This is the most common charge for basic shoplifting and petty theft.

Theft in the Second Degree ($750 to $5,000)

If the value of the stolen property is between $750 and $5,000, the charge is elevated to Theft in the Second Degree under Wash. Rev. Code § 9A.56.040. This is a Class C felony. A conviction carries a maximum penalty of up to 5 years in a state penitentiary and a $10,000 fine. This charge is frequently applied to the theft of electronics, high-end retail goods, or small-scale embezzlement.

Theft in the First Degree (Over $5,000)

Stealing property or services valued over $5,000 is considered Theft in the First Degree under Wash. Rev. Code § 9A.56.030. This is a Class B felony, punishable by up to 10 years in prison and a massive $20,000 fine. White-collar crimes, large-scale employee theft, and grand larceny fall under this severe category.

How Prosecutors Aggregate Property Value

A common mistake defendants make is believing that stealing multiple small items on different days will only result in multiple minor misdemeanor charges. Under Wash. Rev. Code § 9A.56.010, prosecutors are allowed to aggregate (add together) the value of multiple thefts that are part of a common scheme or plan, or part of a continuous criminal episode. For example, if you take $200 worth of merchandise from a store across four separate incidents pursuant to a continuing larcenous scheme, the prosecutor can combine those amounts ($800 total) and charge you with a Class C felony instead of separate misdemeanors. A notable case, State v. Barton, 28 Wash. App. 690 (WA Court of Appeals 1981), emphasizes the state's authority to aggregate values under a common scheme to reach higher felony thresholds.

Does Sales Tax Count Towards the Total Value?

In retail theft cases, the value of the item is typically its retail price. A frequent point of contention is whether the state sales tax is included in that value. Washington courts generally hold that the 'value' is the fair market value, which is what a willing buyer would pay, including the applicable sales tax. If stealing an item priced at $700 reaches $765 after a 9.5% local sales tax is applied, the prosecutor may use the after-tax total to push the charge from a misdemeanor into a felony. Your lawyer will fiercely debate this valuation in court to keep the charge as a misdemeanor.

Exceptions: When Misdemeanors Automatically Become Felonies

Washington law includes strict exceptions where the value of the property does not matter at all. The theft of certain items will trigger an automatic felony charge, regardless of how cheap the item might be.

• Firearms: Stealing any firearm, even a broken one worth $50, is a Class B felony under Wash. Rev. Code § 9A.56.300 (Theft of a Firearm).
• Motor Vehicles: Stealing a car is charged as Theft of a Motor Vehicle under Wash. Rev. Code § 9A.56.065, which is a Class B felony, regardless of the vehicle's Kelly Blue Book value.
• Access Devices: Stealing a credit card, debit card, or any account access device is automatically Theft in the Second Degree (Class C Felony).

Step-by-Step Defense Process

Step 1: Arraignment and Bail

For felony theft, you will likely be booked into jail and required to attend a preliminary appearance where bail is set. Your attorney will argue for your release on your personal recognizance or reduced bail.

Step 2: Discovery and Valuation Analysis

Your lawyer will demand the prosecution's evidence. The primary defense strategy in borderline cases is to hire an independent appraiser to prove that the stolen property was worth less than the $750 or $5,000 thresholds, forcing the state to downgrade the charges.

Step 3: Plea Negotiations and Trial

Through aggressive negotiation, your lawyer may convince the prosecutor to reduce a felony charge down to a misdemeanor. If the prosecutor refuses to budge, your case may proceed to a jury trial where the state must prove the exact value of the items beyond a reasonable doubt.

How Much Does Defense Cost?

Defending a felony theft charge requires significant legal work and expertise.

• Misdemeanor Defense: Generally ranges from $1,500 to $3,500.
• Felony Defense: Defending against Second or First Degree Theft usually costs between $5,000 and $10,000, depending on whether the case goes to a full jury trial.
• Restitution: If convicted, you will be ordered to pay full restitution (the cost of the stolen goods) back to the victim.

Timeline

A misdemeanor theft case can often be resolved in 3 to 6 months. However, felony theft cases involving extensive discovery, financial audits, or multiple aggregated charges can easily take 9 to 15 months to conclude in Superior Court.

Frequently Asked Questions (FAQ)