Property Damage
Spokane Theft Lawyer & Burglary Attorney
Defending Theft & Burglary Charges in Spokane Since 1980
Theft and burglary charges can arise from disputed facts, misidentification, or circumstances that look more serious than they are. Whatever brought you here, Washington law treats these charges harshly, and the decisions made in the earliest days of a case can shape everything that follows. Having defense counsel engaged at the outset shapes how charges develop, what evidence is gathered, and what options remain available.
Maxey Law Office has represented clients facing property crime charges in Spokane since 1980. Now in its third generation of the Maxey family, the firm carries forward the values its founder Carl Maxey built his career on: integrity, equality, and justice for every client. We handle theft and burglary defense throughout Spokane County and into Stevens, Lincoln, and Grant Counties.
Call (509) 652-3330 or reach out through our online contact form to schedule a free consultation with a Spokane theft lawyer at our firm.
Theft, Burglary & Robbery: What Washington Law Actually Requires
These three terms are often used interchangeably, but they describe distinct offenses with different elements, different penalties, and different defense strategies. Understanding the charge you’re facing is the first step.
Theft is the unlawful taking of property belonging to another with intent to permanently deprive that person of it. The defining act is the removal of property. Burglary under Washington law (RCW 9A.52) does not require that anything be taken. Unlawfully entering or remaining in a building with the intent to commit a crime inside is sufficient for the charge. A person can face burglary charges even if they left the building empty-handed and can face both burglary and theft charges simultaneously if property was also taken.
Robbery is a different matter entirely. It is distinguished from both theft and burglary by the use or threatened use of force against another person. Washington law classifies it as a violent crime, not a property crime. Those facing robbery charges should seek out legal counsel experienced in violent crime defense.
Even charges that stop short of robbery carry real consequences. Felony-level theft and residential burglary both carry potential prison sentences measured in years, and a conviction creates a criminal record with lasting effects on employment, housing, and professional licensing.
Penalties for Theft & Burglary in Washington State
Washington sets theft penalties according to the value of the property alleged to have been taken. The difference between a gross misdemeanor and a felony can come down to a few hundred dollars, which is why disputing property valuation is often a central issue in these cases. Borrowing and refusing to return a neighbor’s property and embezzling large sums from an employer both qualify as theft under Washington law, but the charges and consequences are very different.
Theft penalties are organized into three degrees:
- Third-degree theft (under $750): A gross misdemeanor under RCW 9A.56.050, carrying up to 364 days in jail and a fine of up to $5,000. Washington classifies this as a gross misdemeanor, a distinct and more serious category than a standard misdemeanor.
- Second-degree theft ($750–$5,000): A Class C felony under RCW 9A.56.040, carrying up to 5 years in prison and a fine of up to $10,000.
- First-degree theft (over $5,000): A Class B felony under RCW 9A.56.030, carrying up to 10 years in prison and a fine of up to $20,000.
Burglary charges carry their own classifications:
- First-degree burglary: The most serious burglary charge under Washington law. Under RCW 9A.52.020, this classification applies when the actor is armed with a deadly weapon or when a person is assaulted during the burglary or in immediate flight from it. It is a Class A felony, with no statutory maximum below life.
- Residential burglary: Unlawfully entering a home with intent to commit a crime inside is a Class B felony under RCW 9A.52.025, carrying up to 10 years in prison and a $20,000 fine.
- Second-degree burglary: Unlawful entry into a non-residential building with criminal intent is also a Class B felony under RCW 9A.52.030. Sentences in practice tend to run lighter than residential burglary cases, though the statutory exposure is the same.
- Possession of burglar tools: Under RCW 9A.52.060, making or having burglar tools with criminal intent is a gross misdemeanor, carrying up to 364 days in jail and a $5,000 fine.
These statutory ranges are ceilings, not predetermined outcomes. Washington’s Sentencing Reform Act (RCW 9.94A) and the State Sentencing Guidelines calculate actual sentences based on criminal history and offense score. What a defendant has faced before in the courts significantly affects what they face now.
How We Defend Theft & Burglary Charges in Spokane
Property crime defense isn’t a single approach applied uniformly. The facts of each case determine which avenues have merit. Our Spokane theft lawyers examine the specific circumstances of every charge to identify where the prosecution’s case is weakest.
For burglary charges, the prosecution must prove both unlawful entry and criminal intent at the moment of entry. Challenging either element is a substantive avenue for defense, not a technicality. A person who entered a building for an innocent reason and only formed later intent doesn’t meet the legal definition of burglary under Washington law.
For theft charges, the value of the property alleged to have been taken is a charging element, not just a background fact. Disputing that valuation can reduce the charge from a felony to a gross misdemeanor or from a higher felony degree to a lower one. That distinction carries significant consequences for sentencing and long-term record.
Evidence obtained through unlawful searches or without a valid warrant may be suppressed under the Fourth Amendment. When law enforcement overreached in gathering evidence, suppression can substantially weaken or defeat the prosecution’s case before trial.
Negotiated outcomes, including charge reductions, deferred prosecution, and restitution agreements, are legitimate and frequently pursued in property crime cases. And beyond the sentence itself, a conviction’s collateral consequences, including barriers to employment, housing, and professional licensing, are part of what experienced defense counsel works to prevent from the outset.
Our Spokane burglary attorneys serve clients throughout Spokane, Stevens, Lincoln, and Grant Counties. Schedule a free consultation by calling (509) 652-3330 or by filling out our online contact form.
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Four Decades of Criminal Defense in Spokane
Maxey Law Office has defended clients in Spokane and across Eastern Washington since 1980. The firm’s founder, Carl Maxey, was a decorated trial lawyer and civil rights advocate whose commitment to equitable representation defined the firm’s identity. That commitment carries forward across three generations of the Maxey family today. Clients receive individualized attention and consistent communication throughout their case. When circumstances require it, we meet clients at home or in the hospital rather than waiting for them to come to us.
Theft and burglary charges place defendants at risk of imprisonment, lasting reputational damage, and long-term rebuilding challenges even after a sentence ends. The most consequential early decision a defendant can make is retaining counsel who understands not just the charge, but the full weight of what a conviction would mean. Call (509) 652-3330 or contact us online to set up a free consultation. We serve clients throughout Spokane, Stevens, Lincoln, and Grant Counties.
