Possessing stolen property is a serious crime under Washington criminal law. The offense can lead to felony charges punishable by up to 10 years in state prison. If you or a loved one is facing charges of this crime, please contact a criminal defense attorney today for help.

How Does Washington Law Define “Possessing Stolen Property?”

Under Washington statute RCW 9A.56.140, a person possesses stolen property when he/she:

  1. Knowingly receives, retains, possesses, conceals, or disposes of stolen property,
  2. Does so while knowing that the property is stolen, and
  3. Possesses the stolen property for the purpose of withholding it from the rightful owner or setting it aside for use by anyone other than the rightful owner.

Are There Different Degrees of the Crime?

Washington law says that there are three different degrees of possessing stolen property.

Possessing stolen property in the first degree is where a person:

  1. Possesses stolen property, and
  2. The property is valued in excess of $5,000.

Possessing stolen property in the second degree is where a person:

  1. Possesses stolen property, and
  2. The stolen property is between $750 and $5,000 in value, or
  3. The stolen property is a public record, writing, or instrument kept, filed, or deposited according to the law, or
  4. The stolen property is an access device.

Possessing stolen property in the third degree is where a person:

  1. Possesses stolen property, and
  2. The property is less than $750 in value.

What are the Penalties?

Possessing stolen property in the first degree is a class B felony. The crime is punishable by:

  • Custody in state prison for up to 10 years, and/or
  • A maximum fine of $20,000.

Possessing stolen property in the second degree is a class C felony. The crime is punishable by:

  • A state prison term of up to five years, and/or
  • A maximum fine of $10,000.

Possessing stolen property in the third degree is a gross misdemeanor. The crime is punishable by:

  • A jail term of up to one year, and/or
  • A maximum fine of $5,000.

Can a Defendant Raise a Legal Defense?

Fortunately, people accused of this crime can contest the accusation by raising a legal defense. A common defense is for an accused to show that he/she did not act knowingly. Recall that people are only guilty of this offense if they both:

  1. Knowingly possessed stolen property, and
  2. Knew that the property in question was in fact stolen.

Therefore, a defendant can always challenge a charge by showing that he/she did not have this knowledge.

Contact Black & Askerov for Help

While a defendant can raise a legal defense to challenge a possession charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced theft attorneys at Black & Askerov have over 25 years of combined experience defending clients on charges of possessing stolen property. Our Seattle criminal defense lawyers have the skill and commitment that makes all the difference in these types of cases. Our attorneys will also fight tooth and nail for you at every step of your case. Contact us now to get the legal help you deserve!