Possession of Stolen Property: Spokane Criminal Defense Lawyer

November 25, 2018

As per section 9A.56.140 of the Revised Code of Washington, an individual comes into possession of stolen property when he or she knowingly receives, retains, possesses, conceals or disposes of stolen property. A person can also be found guilty of the offense if he or she withholds the property from its owner or allows somebody else other than the owner of the property to use it. The fact that the person who stole the property has not been arrested, convicted or identified isn’t a defense. There are three degrees to the offense, but it does not include the possession of a stolen firearm or motor vehicle.

First Degree
If a person is alleged to be in possession of stolen property with a value of more than $5,000, he or she faces up to 10 years in prison and a fine of up to $20,000. The crime is classified as a class B felony.

Second Degree
Possession of stolen property with a value in excess of $750 and not more than $5,000 is a felony in the second degree. The crime is classified as a class C felony, and it is punishable by up to five years in prison and a fine not to exceed $10,000. This offense includes possession of stolen public records, writings or instruments that are kept, filed or deposited as per the laws of the State of Washington. It also includes possession of stolen access devices like a card, account number that can be used to obtain cash, goods, services or anything else of value.

Third Degree
If a person is in possession of stolen property with a value of less than $750, that individual can be found guilty of possession of stolen property in the third degree. As opposed to possession in the first and second degrees, the crime is not classified as a felony. It is a gross misdemeanor that is punishable by a year in jail and a fine of up to $5,000.

Note that the possible sentences are possible maximum sentences. If you have been arrested for possession of stolen property, and you have no prior criminal convictions, it is unlikely that you will receive a maximum sentence if you are found guilty or plead guilty. Knowledge that the property was stolen is a critical element of the crime. If you or somebody close to you have been arrested for possession of stolen property in or around Spokane, don’t give police a statement or confession of any kind. It will only be used against you in the future. Instead, contact our Spokane criminal defense law firm right away. You will be listened to carefully, and you will be fully advised of your legal options. We will be here to help you through this difficult time.

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