803 S Jefferson St #4, Moscow, ID 83843

Shoplifting & Theft

Idaho & Washington Theft Lawyer

Theft cases come in variety of degree. From stealing a motorcycle to failing to pay back a loan, there are many situations that can result in a theft charge. If you have been arrested or are under investigation for theft, it is crucial that you immediately contact the lawyers at Mosman and Monson.

Shoplifting

Shoplifting almost has a universal definition. If an individual takes something from a retailer without paying for it they could be facing a shoplifting charge. Mosman and Monson attorneys can assist you with your defense.

FAQ

What is theft in Idaho?
Idaho Code §18-2403 states, “A person steals property and commits theft when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.

There are a number of different types of theft offenses in Idaho. Some common examples are:

  • Theft by deception
  • Embezzlement
  • Extortion
  • Obtaining money or property by false pretenses
  • Retaining lost property without taking reasonable steps to identify the owner or return the property
  • Receiving, retaining, or concealing property known to be stolen with intent to permanently deprive owner of that property
  • Shoplifting

There are two degrees of theft – grand theft and petit theft. (Idaho Code §18-2407).

Grand theft is a felony offense and is committed when:

  • the property is obtained by extortion regardless of value
  • the value of the property exceeds $1,000
  • the property is a public record
  • the property is a check, money order, credit card, or bank card
  • the property is a firearm
  • a series of thefts is committed having a value of more than $1,000
  • the property is livestock

Grand theft is punishable by a fine up to $10,000 and up to fourteen (14) years in prison or both. Petit theft is punishable by a fine up to $1,000 or by up to a year in jail or both. (Idaho Code §18-2408).

Petit theft is a misdemeanor offense and is defined as follows: “A person is guilty of petit theft when he commits a theft as defined in this chapter and his actions do not constitute grand theft.” (Idaho Code §18-2407(2)).

What is shoplifting in Idaho?
There is no specific crime of “shoplifting” in Idaho. Rather, shoplifting is usually charged as a theft. Whether it is charged as petit or grand theft usually depends on the amount stolen. However, “shoplifting” facts can turn into a felony burglary charge if a person entered the store with the intent to steal.

In addition to being charged with a crime in criminal court, individuals accused of shoplifting in Idaho can also be required to pay a civil penalty to the store or business from whom they are accused of stealing. That civil penalty is separate and in addition to whatever fine may be imposed by the criminal court.

What is theft in Washington?
RCW 9A.56.020 defines “Theft” as follows:

  • 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
  • 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
  • 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.

How does Washington categorize theft?
There are three degrees of theft in Washington – first degree, second degree, and third degree.

Theft in the First Degree: RCW 9A.56.030 defines theft in the first degree as theft of:

  • Property or services which exceed(s) five thousand dollars in value other than a firearm as defined in RCW 9.41.010;
  • Property of any value, other than a firearm as defined in RCW 9.41.010 or a motor vehicle, taken from the person of another;
  • A search and rescue dog, as defined in RCW 9.91.175, while the search and rescue dog is on duty; or
  • Commercial metal property, nonferrous metal property, or private metal property, as those terms are defined in RCW 19.290.010, and the costs of the damage to the owner’s property exceed five thousand dollars in value.

Theft in the first degree is a class B felony.

Theft in the Second Degree: RCW 9A.56.040 defines theft in the second degree as theft of:

  • Property or services which exceed(s) seven hundred fifty dollars in value but does not exceed five thousand dollars in value, other than a firearm as defined in RCW 9.41.010 or a motor vehicle;
  • A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant;
  • Commercial metal property, nonferrous metal property, or private metal property, as those terms are defined in RCW 19.290.010, and the costs of the damage to the owner’s property exceed seven hundred fifty dollars but does not exceed five thousand dollars in value; or
  • An access device.

Theft in the second degree is a class C felony.

Theft in the Third Degree: RCW 9A.56.050 defines theft in the third degree as:

  • Theft of property or services which does not exceed $750 in value, or
  • Theft of ten or more merchandise pallets, or ten or more beverage crates, or a combination of ten or more merchandise pallets and beverage crates.

Theft in the third degree is a gross misdemeanor.

What is shoplifting in Washington?
In Washington, there is no specific crime called “shoplifting”. Shoplifting is usually charged as a “theft” in Washington state, the degree of which depends on the value of merchandise stolen. A shoplifting case can turn into a felony burglary case if a person entered the store with the intent to steal.

In addition to being charged with a crime in criminal court, individuals accused of shoplifting in Washington can also be required to pay a civil penalty to the store or business from whom they are accused of stealing. That civil penalty is separate and in addition to whatever fine may be imposed by the criminal court.

Accused of a Shoplifting or Theft?

We can help protect your legal rights under the law.

Shoplifting & Theft DEFENSE Attorneys
Wynn-Mosman
Wynn Mosman
Partner, Attorney at Law
Mark-Monson
Mark Monson
Partner, Attorney at Law