The lawyers at Ashbach Law Offices, LLC provide aggressive, strong defense for those charged with Possession of Stolen Property throughout Skagit, Snohomish, King and Whatcom Counties. Our goal is to aggressively protect you, your family and your interests from the prosecution, saving jail time, licenses, occupations and reputations. With offices in Marysville and Mill Creek, Washington, we are available to meet you discuss your case. We help good people in bad situations. Let us help you.
In General
“Possessing stolen property” means knowingly to receive, retain, possess, conceal or dispose of stolen property knowing that it has been stolen and to withhold or appropriate the same to the use of any person other than the true owner or person entitled thereto. Effectively, this means keeping or possessing stolen property, knowing that it has been stolen.
It is irrelevant whether the person who actually stole the property has been arrested, charged, convicted or even identified.
However, to obtain a conviction for the crime of receiving stolen goods, the prosecution must show that the defendant knew the goods were stolen.
Possession may be actual or constructive. “Actual possession” of stolen property means that the goods were in the personal custody of the defendant; “constructive possession” means that the goods were not in actual, physical possession but the defendant had dominion and control over them.
There are three degrees of Possession of Stolen Property in Washington. First Degree Possession of Stolen Property and Second Degree Possession of Stolen Property are both Felonies. Third Degree Possession of Stolen Property is a Gross Misdemeanor.
First Degree Possession of Stolen Property
First Degree Possession of Stolen Property involves property, other than a firearm or motor vehicle, which exceeds $5000 in value. Possession of a Stolen Firearm and Possession of a Motor Vehicle are separately-charged criminal allegations.
First Degree Possession of Stolen Property is a Class B Felony. There is no mandatory jail time, but a first-time offender faces 0-90 days in jail, assuming no sentencing enhancements.
Second Degree Possession of Stolen Property
Second Degree Possession of Stolen Property typically involves property, again not a firearm or vehicle, with a dollar amount greater than $750 but less than $5000. It also can include the possession of a stolen public record that is “kept, filed or deposited according to law” or possessing a stolen “access device.”
Second Degree Possession of Stolen Property is a Class C Felony. There is no mandatory jail time, but a first-time offender faces 0-60 days in jail, assuming no sentencing enhancements.
Third Degree Possession of Stolen Property
Third Degree Possession of Stolen Property typically involves property, again not a firearm or vehicle, with a dollar amount less than $750. It also can include the possession of 10 or more stolen merchandise pallets, or 10 or more stolen beverage crates or a combination of 10 or more stolen merchandise pallets and beverage crates.
Third Degree Possession of Stolen Property is a Gross Misdemeanor, with a possible maximum of 364 days in jail and/or a $5000 fine. There is no mandatory minimum sentence.
Possession of Stolen Property in the First Degree (RCW 9A.56.150) is possessing stolen property worth more than $5000.
Possession of Stolen Property in the Second Degree (RCW 9A.56.160) is possessing stolen property that is:
- a) worth more than $750 but less than $5000; or
- b) stolen public record, writing or instrument kept, filed, or deposited according to law; or
- c) stolen access device (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)
Possession of Stolen Property in the Third Degree (RCW 9A.56.170) is possession stolen property that is:
- a) not worth more than $750; or
- b) ten or more stolen merchandise pallets, or ten or more stolen beverage crates, or a combination of ten or more stolen merchandise pallets and beverage crates
Ashbach Law Offices, LLC, aggressively represents clients charged with Possession of Stolen Property offenses throughout the Washington I-5 corridor, covering Skagit, Snohomish, King and Whatcom Counties. Regular courts of practice include, but are not limited to, Anacortes, Arlington, Bellevue, Bellingham, Blaine, Burlington, Edmonds, Everett, Issaquah, Lynnwood, Marysville, Monroe, Mount Vernon, Mountlake Terrance, Redmond, Seattle, Sedro Woolley and Shoreline.