How to Defend Yourself Against Allegations of Larceny and Robbery
June 9, 2025
If you’ve been accused of theft, you’re likely feeling overwhelmed, confused, and maybe even frightened. The legal consequences can be serious and long-lasting, whether the charge is larceny, robbery, shoplifting, or another theft-related offense.
With offices in Vancouver, Washington, and Longview, Washington, Dan Mellen, Attorney at Law has seen how these allegations can turn a person’s life upside down, and how the right defense strategy can restore a sense of hope and justice.
We’ll shed light on how theft crimes are prosecuted in Washington, the distinctions between larceny and robbery, and, most importantly, how to build a strong defense if you’re facing charges. Understanding your rights and the criminal process is the first step to protecting your freedom and future.
What Is “Theft” Under Washington Law?
According to the Washington State Legislature, under RCW 9A.56.020, theft in Washington is broadly defined as wrongfully obtaining or exerting unauthorized control over someone else’s property or services with the intent to deprive the rightful owner. This definition applies to tangible property (like a phone or a car) and intangible assets (such as services or data).
The law recognizes three degrees of theft crimes, classified by the value and nature of the stolen property:
Theft in the Third Degree (RCW 9A.56.050): A gross misdemeanor involving property or services valued at less than $750.
Theft in the Second Degree (RCW 9A.56.040): A Class C felony involving property or services valued between $750 and $5,000, or theft of certain public records and access devices.
Theft in the First Degree (RCW 9A.56.030): A Class B felony involving property or services valued at more than $5,000, or theft of firearms or motor vehicles.
These categories carry vastly different consequences, ranging from fines and probation to significant prison time.
Larceny vs. Robbery: Key Distinctions
Although often used interchangeably in casual conversation, larceny and robbery are very different offenses under Washington law.
What Is Larceny?
Larceny is a legal term that typically refers to theft crimes without the use of force or intimidation. In Washington State, "larceny" isn’t used in statute, but it's synonymous with most types of theft under the RCW 9A.56 statutes. Examples include shoplifting, embezzlement, or stealing from an unlocked car.
What Is Robbery?
Robbery, on the other hand, is a much more serious offense because it involves violence or the threat of violence. Washington law defines robbery under RCW 9A.56.190 as unlawfully taking personal property from another person against their will by means of force or fear.
There are two degrees of robbery in Washington:
Robbery in the Second Degree (RCW 9A.56.210): A Class B felony that involves force or fear but no aggravating factors.
Robbery in the First Degree (RCW 9A.56.200): A Class A felony that involves a deadly weapon, bodily injury, or theft from a financial institution.
Being charged with robbery brings the possibility of long-term imprisonment and a felony conviction that can follow you for life.
What to Do if You’re Accused
If you’re accused of theft crimes in Washington, the steps you take immediately afterward can significantly influence the outcome of your case.
Don’t Speak to Law Enforcement Without Legal Counsel
You have a constitutional right to remain silent. Use it. Anything you say can and will be used against you. Even seemingly innocent explanations can be twisted or misunderstood. Politely—but firmly—invoke your right to an attorney.
Hire an Experienced Criminal Defense Attorney
An experienced Washington criminal defense lawyer will know how local prosecutors operate, what evidence is admissible, and which defenses are most effective in your county. This isn’t a time for guesswork—you need strategic, aggressive legal representation from the start.
Gather and Preserve Evidence
If you have receipts, text messages, surveillance footage, or eyewitnesses that support your version of events, preserve this evidence immediately. Your attorney will want to review it as early as possible to evaluate your defense options.
Stay Off Social Media
Avoid posting anything about your case online. Prosecutors often monitor social media activity, and a single poorly worded comment or photo can be misinterpreted and introduced as evidence against you.
An experienced attorney like ours will reiterate to you the importance of sticking to these guidelines.
Legal Defenses to Theft Charges
Your attorney may raise a variety of defenses depending on the facts of your case. Here are some of the most common strategies used in Washington State:
Lack of Intent
Intent is a critical element of any theft charge. If the prosecution can’t prove beyond a reasonable doubt that you intended to permanently deprive the owner of their property, they can’t secure a conviction. For instance, borrowing an item with the intent to return it’s not a theft crime.
Mistaken Identity
In theft cases—especially those involving poor video footage or absent eyewitnesses—defendants are often misidentified. Your lawyer may be able to cast reasonable doubt by presenting an alibi or challenging the reliability of the witness or surveillance technology.
Ownership or Right to Possession
If you believed in good faith that the property was yours or that you had a right to it, this can be a defense. For example, disputes over jointly owned property or unclear boundaries (like shared tools or family heirlooms) often arise in theft cases.
Duress or Coercion
If you were forced to commit the theft under threat of harm to yourself or your family, your lawyer may raise the defense of duress. This is especially relevant in cases involving gang influence or abusive relationships.
Entrapment
If law enforcement induced you to commit theft crimes you wouldn’t have otherwise committed, this may be a valid entrapment defense. However, this is a narrow and difficult defense to prove and must meet specific criteria under Washington law
What to Expect During the Legal Process
The legal process can be tricky to understand. Discover the steps you’ll take to get through it.
Arraignment
Your first court appearance is the arraignment, where charges are formally read and you enter a plea. You should have legal representation by this point.
Pretrial Hearings and Motions
Your attorney will file motions to suppress evidence, dismiss the case, or reduce the charges if appropriate. Prosecutors may also offer a plea deal at this stage.
Trial
If the case goes to trial, both sides present evidence and witnesses. You’re presumed innocent until proven guilty, and the state bears the burden of proving each element of the charge beyond a reasonable doubt.
Sentencing
If you’re found guilty, sentencing will follow. Factors like your criminal history, the value of the property, and whether any violence was involved will influence the judge’s decision. Your attorney can argue for leniency, alternative sentencing (like community service), or diversion programs.
While the legal process may seem like an easy task, these steps can often take a while to complete.
Theft Convictions and Long-Term Consequences
A conviction for theft crimes—especially a felony—can have serious consequences beyond jail time:
Employment barriers: Many employers are reluctant to hire someone with a theft conviction.
Loss of professional licenses: If you’re a nurse, teacher, contractor, or other licensed professional, a conviction could put your license at risk.
Immigration consequences: Non-citizens can face deportation or denial of naturalization.
Housing and loans: Landlords and lenders often conduct background checks and may deny applications based on criminal records.
Avoiding conviction—or reducing a felony to a misdemeanor—can make a huge difference in your life moving forward.
Speak to a Criminal Defense Attorney Today
As a law firm in Vancouver, Washington, and Longview, Washington, we understand theft-related crime charges can feel devastating. With the right legal support, thorough preparation, and a tailored defense strategy, you can fight back against the charges and protect your future. If you or a loved one is facing theft charges, don’t wait—contact Dan Mellen, Attorney at Law today to start building your defense.