Robbery

Robbery is a felony in the State of Washington. 

Washington State Law defines Robbery as the following:

“A person commits robbery when he unlawfully takes personal property from the person of another or in his presence against his will by the use or threatened use of immediate force, violence, or fear of injury to that person or his property or the person or property of anyone. Such force or fear must be used to obtain or retain possession of the stolen property, or to prevent or overcome resistance to the taking; in either of which cases the degree of force is immaterial. Such taking constitutes robbery whenever it appears that, although the taking was fully completed without the knowledge of the person from whom taken, such knowledge was prevented by the use of force or fear.”  In virtually all cases, robbery requires the presence of a victim who is injured, suffers harm, or is threatened by potential harm. 

In order for a crime to be classified as robbery and not a lesser crime in Washington State, there are three key elements that must be present:

• The trespassing and taking and moving of money or property from another without consent and with the intent to permanently deprive that person of the money or property (the offender doesn’t intend to return the property)
• There must be violence or threat of immediate violence.
• The taking must be from the victim or in the victim's presence.

A person is guilty of Robbery in the First Degree in Washington State if during the act or immediate flight from robbery the defendant is armed with a deadly weapon, displays what appears to be a deadly weapon, inflicts bodily injury on another, or commits the crime within and against a financial institution.  Robbery in the First Degree Robbery is a Class A felony.  A person is guilty of Robbery in the Second Degree in Washington State if no weapon is used or nobody is injured, and the act is not committed against a financial institution.  Robbery in the Second Degree is a Class B felony. 

Robbery Related charges can include, for example:

• Grand theft
• Petty theft or shoplifting
• Armed robbery
• Aggravated robbery

Some basic examples of robbery are: (1) the taking of property, including money, from a victim at gunpoint or (2) knocking the victim unconscious and then taking his or her property. The property taken must be on the person (a wallet in a pocket, a purse on a shoulder, for example), or so near to the person that, if not for the violence or threat of violence, the person could have prevented its taking.

Burglary and Trespassing

Burglary is a felony in the State of Washington.  Criminal Trespass can be either a Gross Misdemeanor or a simple Misdemeanor in the State of Washington.

Washington State Law defines Burglary and/or Criminal Trespass as the following:

A person is guilty of Burglary in the First Degree in Washington State if, with intent to commit a crime against another person or property therein, he or she enters or remains unlawfully in a building and if, while entering or otherwise physically in the building or during an immediate flight from the building, the actor or another participant in the crime is either armed with a deadly weapon, or assaults another person. Burglary in the First Degree is a Class A felony.  A person is guilty of Burglary in the Second Degree in Washington State if, with intent to commit a crime against a person or property therein, he enters or remains unlawfully in a building other than a vehicle or a dwelling.  Burglary in the Second Degree is a Class B felony.   A person is guilty of Residential Burglary in Washington State if, with intent to commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling other than a vehicle.  Residential Burglary is a Class B felony, but is considered a more serious criminal offense than Second Degree Burglary, notwithstanding.

In contrast to Burglary, a person is guilty of Criminal Trespass in the First Degree in Washington State if he/ she simply knowingly enters or remains unlawfully in a building.  Criminal Trespass in the First Degree is a gross misdemeanor.  A person is guilty of Criminal Trespass in the Second degree in Washington State if he/ she knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting Criminal Trespass in the First Degree.  Criminal Trespass in the Second Degree is a misdemeanor.

Trespassing is often a simple misunderstanding between parties.  People can sometimes forget their badges, or their keys, or they do not see any signs barring them from being on public and/or private property.  Regardless, Criminal Trespassing is not looked upon favorably by prospective employers, landlords or any other entities checking an individual’s background and criminal history.

Theft and Larceny Theft and/or Larceny can be either a Felony or a Gross Misdemeanor in the State of Washington.

Washington State Law defines Theft and/or Larceny as the following:

Theft and larceny, in essence, is the unlawful taking of something from someone else.  A Theft or Larceny becomes a Robbery when the use of physical force or threatened use of physical force occurs in the commission of the Theft/ Larceny.  In essence, Robbery is a form of aggravated Larceny in Washington State; it can include a combination of Assault and/or Battery, plus Larceny.

Prosecutors often charge an individual with the crime of Robbery even though in reality the act resembles a Burglary, Criminal Trespass, Theft (shoplifting) or a Larceny incident.  Convictions for Robbery, Burglary, Criminal Trespass, Theft (shoplifting), and/or Larceny can dramatically affect one’s future employment and credit history because these types of crimes are considered “crimes of dishonesty”; these types of charges can carry huge penalties, including significant fines and jail/ prison time.   It is important, therefore, when faced with a criminal charge to find a hard-hitting, skilled and experienced Seattle criminal defense lawyer who can effectively and aggressively fight for your rights and interests.  A good criminal defense lawyer in Seattle will have insight into how prosecutors handle Robbery, Burglary, Criminal Trespass and Theft/ Larceny cases.  SQ Attorneys is a hard-hitting, highly skilled and experienced criminal defense firm that is extremely effective at getting its clients the best and most just and equitable result possible, so as to ensure the least amount of impact on their personal and professional lives.  

If you need a skilled, experienced Seattle criminal defense attorney to fight for you against a “crime of dishonesty” charge, the Seattle criminal lawyers that make up the criminal defense team of SQ Attorneys is the answer.   SQ Attorneys can be reached by phone or via email.  SQ Attorneys is available 24-hours a day, 7 days a week to talk to you about the allegations being brought against you and/ or your loved one; SQ Attorneys can achieve what you can conceive.