How Prior Theft Convictions Impact Sentencing in Seattle

How Prior Theft Convictions Impact Sentencing in Seattle

Getting convicted of theft in Seattle can have serious consequences that go far beyond just the initial punishment. If you already have prior theft convictions on your record, the penalties you face for any new theft charges will likely be much more severe. This article will explain how judges in Seattle take previous theft convictions into account when determining sentences for new theft offenses.

In Washington State, theft crimes are divided into three degrees depending on the value of the stolen property[1]:

• First-degree theft involves property worth more than $5,000 and is a Class B felony
• Second-degree theft involves property worth $750 – $5,000 and is a Class C felony
• Third-degree theft involves property less than $750 and is a gross misdemeanor

Shoplifting and retail theft are usually charged as third-degree theft[4].

If you are convicted of any theft crime in Seattle, the judge will calculate your “offender score” to help determine your sentence[1]. The offender score is based on your criminal history, and prior theft convictions will significantly increase your score. The higher your offender score, the longer your sentence will be.

Here’s how prior theft convictions impact your offender score and sentencing in Seattle:

Impact of Gross Misdemeanor Theft Convictions

If you have prior gross misdemeanor theft convictions, they will count as 1 point each towards your offender score[1]. For example:

• 1 prior theft conviction = 1 point
• 2 prior theft convictions = 2 points
• 3 prior theft convictions = 3 points

This can quickly add up and lead to a higher sentence. Even one prior theft gross misdemeanor can double the standard sentencing range compared to no prior record[2].

With multiple prior theft convictions, you could face over a year in jail instead of just 1-3 months for a new third-degree theft charge[4].

Impact of Felony Theft Convictions

Prior felony theft convictions have an even bigger impact on sentencing.

Each prior conviction for second-degree theft (Class C felony) counts as 2 points on your offender score[1]. And first-degree theft convictions (Class B felony) count as 2 points for the first conviction, and 3 points for any additional convictions[1].

Just one prior second-degree theft conviction would raise your offender score to 2, tripling the standard range sentence compared to no prior record[2].

With multiple prior felony theft convictions, you could face years in prison instead of just months for a new third-degree theft charge. Even a new second-degree theft charge could result in an exceptionally long sentence due to your criminal history.

Shoplifting Sentences with Priors

Most shoplifting and retail theft charges are prosecuted as third-degree theft. But if you have prior theft convictions, shoplifting can end up having serious penalties.

For example, with just 1 prior third-degree theft, a new shoplifting charge jumps from a 0-90 day sentence to 6-12 months[4].

With 2 or more prior third-degree thefts, you could face 12-18 months for shoplifting instead of just 0-90 days with no criminal record[4].

And if you have any prior felonies, a new shoplifting charge can quickly end up with years of jail time, even if it’s normally just a misdemeanor.

Juvenile Theft Records Count Too

It’s important to know that prior juvenile theft adjudications also count towards your offender score in exactly the same way as adult convictions[1].

So if you have juvenile theft offenses on your record, they will still increase your offender score years later as an adult. There’s no difference in how they impact sentencing.

Restitution and Civil Damages

In addition to jail time, a theft conviction also involves paying restitution to compensate the victim for their loss[3]. The court will order you to pay back the value of anything stolen.

With prior theft convictions, judges are less sympathetic and will be more likely to order the maximum restitution.

For shoplifting, the court can order you to pay civil damages up to $2,850 per store, which is on top of restitution and criminal penalties[4]. If you are a minor, your parents or guardian may be liable for up to $1,425 per store.

Difficulty Vacating Theft Convictions

Many theft offenses can be vacated a few years after completing your sentence, essentially clearing them from your public criminal record[3]. However, it becomes much harder to vacate a conviction if you have prior offenses on your record.

For example, gross misdemeanors like third-degree theft can normally be vacated after 3 years. But with any prior felonies, you lose the ability to vacate gross misdemeanors.

Felonies can normally be vacated after 5-10 years, but again, any prior criminal record makes you ineligible.

So not only do priors increase your sentencing, they also make it harder to remove the convictions later and avoid their lifelong impact.

Getting Legal Help

As you can see, prior theft convictions severely compound the penalties for any new theft charges in Seattle. Even misdemeanor shoplifting can end up as a felony with jail time measured in years rather than months.

If you are facing new theft charges and have any priors on your record, it is essential to discuss your situation with an experienced criminal defense attorney. An attorney can evaluate your specific criminal history and provide guidance on how best to minimize the penalties. This may involve negotiating with the prosecutor, arguing mitigating circumstances to the judge, or taking your case to trial.

With the right legal strategy, it may be possible to reduce charges, keep a misdemeanor from becoming a felony, or even avoid jail time altogether. But you need an attorney in your corner who understands how prior records affect sentencing.

Don’t leave the outcome to chance – consult with a lawyer immediately so they can start working on your defense. The consequences of theft convictions add up quickly, so you need someone fighting to protect your rights and future.