Criminal Defense
Spokane Shoplifting & Theft Defense Attorney
People often underestimate a shoplifting charge because the amount involved was small. That instinct is understandable and wrong. Theft is a crime of dishonesty, and employers treat it differently from almost any other misdemeanor — a conviction can close doors in retail, banking, health care, education, and any job involving money or inventory, for years.
The encouraging part is that first-time theft cases are among the most resolvable charges in the criminal system, if they are handled properly and early. Doing nothing, or hoping it will quietly go away, is what turns a manageable situation into a permanent record.
How are theft and shoplifting charges graded in Washington?
| Charge | Value of property | Classification | Maximum penalty |
|---|---|---|---|
| Theft in the third degree | $750 or less | Gross misdemeanor | 364 days / $5,000 |
| Theft in the second degree | Over $750, under $5,000 — or an access device such as a credit card | Class C felony | 5 years / $10,000 |
| Theft in the first degree | Over $5,000, or taken from the person of another | Class B felony | 10 years / $20,000 |
Most shoplifting cases are charged as theft in the third degree. Value is contestable — retailers commonly list full retail price, and the figure that decides whether you face a misdemeanor or a felony is not always correct.
Value matters enormously, and it is contestable. Retailers commonly list full retail price, and the figure that determines whether you face a misdemeanor or a felony is not always the correct one.
Do I have to pay the store's civil demand letter?
Many people accused of shoplifting receive a letter from the retailer or its law firm demanding payment of a civil penalty. Washington law does allow retailers to pursue a civil claim, separate from any criminal case.
Two points people get wrong. First, paying the civil demand does not resolve or dismiss the criminal charge — they are entirely independent. Second, how you respond to that letter can matter in the criminal case, so it is worth getting advice before writing anything back or making admissions in correspondence.
How can a shoplifting charge be resolved?
Dismissal
Where the evidence does not establish intent, where identification is weak, or where the stop and detention by loss prevention exceeded what the law permits.
Compromise of misdemeanor
Washington law allows certain misdemeanors to be dismissed where the injured party acknowledges being compensated. Where a retailer will agree, this can end a case without a conviction.
Deferred or diversion outcomes
A stipulated order of continuance or similar arrangement can allow the charge to be dismissed after a period of compliance — often the best realistic outcome for a first-time case.
Reduction
Where a felony charge rests on a disputed valuation, correcting that value can move the case out of felony territory entirely.
What does a defense attorney look at in a theft case?
- Whether there is proof of intent to deprive, rather than distraction or mistake
- Surveillance footage in full, not the clip selected by loss prevention
- How the stop, detention, and search by store personnel were conducted
- Whether statements were obtained in a coercive back-room setting
- How the property was valued, and whether that valuation is accurate
- Whether the identification of the person is actually solid
Why is a small theft charge worth fighting?
The maximum penalty is rarely the real cost. The real cost is a theft conviction appearing on background checks for jobs, apartments, and professional licenses — a permanent marker of dishonesty attached to what may have been a single bad decision, or no decision at all. For non-citizens, theft offenses can also carry serious immigration consequences. That is the calculation that makes proper defense worthwhile even when jail is unlikely.
Frequently asked questions
Is shoplifting a felony in Washington?
It depends on value. Property worth $750 or less is theft in the third degree, a gross misdemeanor. Above $750 the charge becomes a felony, so the valuation is often the single most important fact in the case.
Do I have to pay the civil demand letter?
It is a separate civil claim from the criminal case, and paying it does not make the criminal charge go away. Get advice before responding, because what you write can affect the criminal case.
Can a first-time shoplifting charge be dismissed?
Often there is a realistic path to dismissal — through a compromise of misdemeanor where the retailer agrees, a deferred arrangement, or a challenge to the evidence. First-time cases have the most options, especially when addressed early.
Will this show up on a background check?
A conviction will, and theft is treated as a crime of dishonesty, which employers weigh heavily. That is why avoiding the conviction itself — not just avoiding jail — is usually the goal.
Ready to talk through your situation?
Reach a Schwab Law attorney in Spokane today.