Property crimes

Organized Retail Theft and Theft with Extenuating Circumstances

Organized Retail Theft and Theft with Extenuating Circumstances are crimes created by the state legislature to provide additional protection to stores and businesses above and beyond the standard theft charges of Theft First Degree, Theft Second Degree and Theft Third Degree (often Shoplifting).

On the Horizon


There are currently legislative proposals to address and modify these criminal allegations, but as they exist right now, both are Felony classifications, Class B or Class C, depending on circumstances.

Organized Retail Theft Generally


Organized Retail Theft is the theft of property, or possession of stolen property, owned by an establishment, and that theft or possession occurred with an accomplice. The dollar value must be at least $750, and for cases involving multiple thefts within a 180-day period, the value of each alleged theft may be aggregated. Thefts from other counties involving different alleged victims may also be aggregated, provided those acts occurred within the 180-day period.

Organized Retail Theft First Degree


Organized Retail Theft in the First Degree is typically charged if the property stolen or possessed has a value of $5000 or more. It is punishable as a Class B Felony.

Organized Retail Theft Second Degree


Organized Retail Theft in the Second Degree is typically charged if the property stolen or possessed has a value of at least $750 but less than $5000. It is punishable as a Class B Felony.

Retail Theft with Extenuating Circumstances Generally


Retail Theft with Extenuating Circumstances is an allegation involving theft from a mercantile establishment (store) with one of the following circumstances:

a) to facilitate the theft, the person leaves the mercantile establishment through a designated emergency exit, or

b) the person was, at the time of the theft, in possession of an item, article, implement or device designed to overcome security systems including, but not limited to, lined bags or tag removers, or

c) The person committed theft at three or more separate and distinct mercantile establishments within a 180-day period

Retail Theft with Extenuating Circumstances – First Degree


Retail Theft with Extenuating Circumstances in the First Degree applies if the allegation is that the theft involved constitutes theft in the first degree. Generally this means a dollar amount for property taken of over $5000. Retail Theft with Extenuating Circumstances in the First Degree is a Class B Felony.

Retail Theft with Extenuating Circumstances – Second Degree


Retail Theft with Extenuating Circumstances in the Second Degree applies if the allegation is that the theft involved constitutes theft in the Second degree. Generally this means a dollar amount for property taken of over $1500 but less than $5000. Retail Theft with Extenuating Circumstances in the Second Degree is a Class C Felony.

Retail Theft with Extenuating Circumstances – Third Degree


Retail Theft with Extenuating Circumstances in the Third Degree applies if the allegation is that the theft involved constitutes theft in the Third degree. Generally this means a dollar amount for property taken of less than $750. Retail Theft with Extenuating Circumstances in the Third Degree is a Class C Felony.

Ashbach Law Offices, LLC, aggressively represents clients throughout the Washington I-5 corridor, covering Skagit, Snohomish, King and Whatcom Counties. Regular courts of practice include, but are not limited to, Anacortes, Arlington, Bellevue, Bellingham, Blaine, Burlington, Edmonds, Everett, Issaquah, Lynnwood, Marysville, Monroe, Mount Vernon, Mountlake Terrance, Redmond, Seattle, Sedro Woolley and Shoreline.