Practice Areas

Theft/Identity Theft/Credit Cards

THEFT

There are three degrees of Theft.  Theft is defined as: To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or

(b) By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or

(c) To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him or her of such property or services.

(2) In any prosecution for theft, it shall be a sufficient defense that:

(a) The property or service was appropriated openly and avowedly under a claim of title made in good faith, even though the claim be untenable; or

(b) The property was merchandise pallets that were received by a pallet recycler or repairer in the ordinary course of its business.

Degrees of theft in Washington State

Theft is separated into three different categories, called degrees.  The degrees are determined by the value of the stolen item or service:

  • Third-degree theft. The item or service is worth less than $750.
  • Second-degree theft. The item or service is worth more than $750 but less than $5,000.
  • First-degree theft. The item or service is worth more than $5,000.

Each degree has an associated maximimum sentence and/or fine.

Maximum sentences for Washington State theft

Each degree of theft is also considered a particular type of crime, such as a misdemeanor or a felony, by the courts. The maximum sentence for each degree of theft depends on the type of crime.

  • Third-degree theft. This is a gross misdemeanor. If convicted the maximum sentence is 364 days in jail and/or a $5,000 fine.  
  • Second-degree theft. This is a Class C felony (serious crime). The maximum sentence  is 5 years in jail and/or a $10,000 fine.
  • First-degree theft. This is ca Class B felony. The maximum sentence is 10 years in jail and/or a $20,000 fine.

Any theft conviction can affect your immigration status if you are not a Citizen of the United States.  

Theft is considered a crime of moral turpitude and can be subject to immediate deportation.  If you are not a citizen of the United States and you are charged with theft, it is imperative that you hire an aggressive criminal defense attorney that understands not just criminal law but immigration consequences as well.

Theft convictions can have far-reaching consequences if convicted.

Theft is considered a crime of dishonesty.  Even misdemeanor convictions for theft can affect your ability to find a job or rent an apartment.  Most employers will not put someone in a fiduciary position if they have a theft conviction.  If you are accused of theft, you need a compassionate, experience and aggressive criminal defense lawyer who can help you navigate this charge.  Call Pimentel & Associates Today.

IDENTITY THEFT

It is identity theft if a person may knowingly obtains, possesses, uses, or transfers a means of identification or financial information of another person, living or dead, with the intent to commit, or to aid or abet, any crime.

Degrees

Identity theft in the First degree occurs when an individual obtains credit, money, goods, services, or anything else of value in excess of one thousand five hundred dollars in value, or when the accused knowingly targets a senior or vulnerable individual in carrying out a violation.  Identity Theft in the First degree is a Class B Felony, Punishable up to 10 years in Prison and a $20,000 fine.  

Identity theft in the Second degree is any identity theft not amounting to Identity Theft in the First Degree.  Identity Theft in the Second Degree is a Class C Felony, punishable up to five years in prison and a $10,000 fine.

Identity theft can be a serious crime.  It can also be accomplished by using someone's ID in an attempt to hide your own identification.  Using someone's ID to get into a bar when you are under age can be identity theft.  If you have been accused of identity theft in Kitsap County, you need an experienced criminal defense lawyer.  Call today.