Shoplifting / Theft 3 Defense

Shoplifting charges in Washington can be embarrassing and stressful, but with the right defense, many cases can be resolved favorably. Shoplifting falls under Washington's theft statutes, and the severity depends on the value of the items involved. At the Law Office of Erin Bradley McAleer, we provide aggressive representation for shoplifting charges and fight to protect your record throughout Clark, Cowlitz, and Skamania Counties.

Misdemeanor vs. Felony Classification

Most shoplifting involves property valued under $750, which is charged as Theft in the Third Degree -- a gross misdemeanor carrying penalties of up to 365 days in jail and a $5,000 fine. Items valued over $750 constitute felony charges. Prosecutors may aggregate the value of items taken from the same location, but they cannot combine items from different locations or victims to reach felony thresholds.

Enhanced Charges

Prosecutors may elevate shoplifting charges in certain circumstances. What starts as a simple theft charge can quickly escalate:

• Robbery -- if an altercation occurs with store employees during the theft attempt
• Burglary -- if the suspect was previously banned from the store
• Organized Retail Theft -- for coordinated stealing from retailers
• Theft with Intent to Resell -- for stealing items to sell for profit

Juvenile Shoplifting

Juveniles charged with shoplifting typically face juvenile charges and may qualify for diversion programs. Parents should consult with an attorney before making decisions, as juvenile records can affect college admissions, employment prospects, and military eligibility. Parents may also face civil liability of up to $1,425 per incident under RCW 4.24.230.

How We Can Help

An effective defense attorney addresses the full picture of a shoplifting case, including any underlying circumstances such as depression, loss, psychological factors, adolescent thrill-seeking, or duress. Presenting these factors to the court can make a significant difference in the outcome.

• Negotiating misdemeanor compromise agreements and civil compromises
• Pursuing continuances with dismissal upon completion of counseling
• Challenging loss prevention evidence and detention procedures
• Disputing the value of merchandise to reduce charge severity
• Pursuing charge dismissals, deferred prosecutions, and record sealing

Do not let a shoplifting charge define your future. Contact McAleer Law today for a confidential consultation. Our attorneys will fight to protect your record and your reputation.