Legal Question in Criminal Law in Washington
second degree theft
I was wondering what charges/outcomes are likely for a theft charge of $460 worth of merchandise from a retail establishment. There were two people present--one was unknowingly carrying only $50 worth of merchandise--can that person be charged with the full amount? Can they charge both people, individually, with the full amount? Lastly, is there any possibility of spliting the charge into two third-degree thefts by splitting the price of the merchandise?
This is a first offence on both accounts, but there may be old video footage of prior theft at that retail establishment--can that be used in court?
1 Answer from Attorneys
Re: second degree theft
Pretty much the answer to all of your questions is yes. Although every situation is very fact specific and whether the prosecutor would be successful is another question entirely. A jury, after all, has the final say in any criminal matter. If you would like to consult or need representation please contact me directly.