Embezzlement is a type of theft in Washington, and it carries the same possible punishments as theft. The offense can get charged as a felony or a misdemeanor, with varying degrees. Each charge has different possible penalties.

If you got accused of embezzlement or charged with theft, a Washington white-collar crimes attorney could protect your legal rights and help defend you from the charges. Let’s address the question, what is the punishment for embezzlement in Washington? 

Gross Misdemeanor – Third-Degree Theft

If the items or assets a person embezzles have a value of less than $750, they can get charged with theft in the third degree, which is a gross misdemeanor. The sentence could be a fine of up to $5,000. Also, the judge could sentence the offender to as much as a year in the county jail. It is possible for a sentence to include a fine and jail time.

For example, a person convicted of embezzling $500 of electronic equipment they were supposed to repair and return to the owner could have to pay a fine of as much as 10 times the value of what they took.

Class C Felony – Second-Degree Theft

If the value of what got embezzled was more than $750 but less than $5,000, the charge could be theft in the second degree, which is a class C felony. Getting convicted of a felony carries its own set of negative consequences, in addition to the possibility of going to state prison for as long as five years. The potential fine for the charge of second-degree theft can go up to a maximum of $10,000. As with other theft convictions, the offender could get sentenced to incarceration or a fine, or both.

Let’s say that a person had a financial emergency and wrote a check for $1,000 from the company’s checking account. That one check could cause them to lose five years of freedom and owe $10,000 in fines.

Class B Felony – First-Degree Theft

This Class B felony charge involves the theft of more than $5,000 worth of assets or property. In addition to the standard impacts of a felony conviction, the offender could get sentenced to up to 10 years in state prison, a fine of up to $20,000, or both. 

A large corporation required an employee to do a great deal of travel on company business. One day, the worker submitted fraudulent travel expense forms in the amount of $7,000. The employee said they attended a business conference, but they actually took their family on vacation. The business conference was fictitious. The $7,000 family trip could send the worker away to prison for a decade with a fine of up to $20,000.

Factors Used in Sentencing

Theft convictions come with a range of possible sentencing, so how does the judge decide to let one person have the low end of potential penalties but throw the book at someone else? One of the tools judges use is the defendant’s offender score, which can include the individual’s criminal history, other current offenses, and other factors. 

A Washington criminal defense attorney can work tirelessly to get you the best possible outcome in your situation. Get in touch with our office today for a free consultation.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of criminal cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.

You might think that you are not at high risk of getting charged with embezzlement if you do not work at a bank or an investment company, but it is surprisingly easy to find yourself facing criminal charges of embezzlement. If that happens, you need to know what defenses you could raise to try to avoid a conviction. 

Your first call should be to a Washington white-collar crimes attorney who can build a strong case for you based on your facts. Your lawyer will talk to you about the possible defenses for embezzlement charges that might be applicable in your situation.

An Overview of Embezzlement 

At its core, embezzlement is just a type of theft. Borrowing from the petty cash box because you forgot your wallet and needed to pay for lunch could get charged as embezzlement. Helping yourself to copy paper, pens, and other office supplies could be embezzlement. 

You do not have to take items from your employer to get charged with theft. A person who works in home health care might take an item from a client’s home. Someone running a crowd-funding campaign to help pay for someone else’s medical bills might use some of the funds to pay their own personal expenses.

If you have lawful access to someone else’s assets or money, taking or using that asset fraudulently for your own purposes without permission is embezzlement that could get charged as theft. Embezzlement falls under the theft laws in Washington. Embezzlement does not have its own separate laws. Theft can be a misdemeanor or a felony in our state. 

Defenses to the Theft Charges

Defenses to embezzlement generally focus on intent, deception, and lack of authorization. Theft is a crime of intent. In other words, you must have intended to take something that you knew was not yours. 

Let’s say that you were waiting at a bus stop. When the bus arrived, you picked up a backpack that you thought was yours, and boarded the bus. The real owner of the backpack called the police, who arrested you for theft. The two backpacks looked surprisingly similar. You could defend against the charges by saying that you picked up the wrong backpack by accident. You did not intend to steal the other person’s backpack.

Also, you did not use deception to gain possession of the other person’s backpack. For example, you did not intentionally switch the locations of the backpacks to try to deceive the other person. 

Authorization is another common defense to embezzlement charges. One person at a company might make improper claims of theft because they do not know all the facts. Someone in middle management might observe you walk out of the office carrying one of the office laptops and accuse you of embezzling company property. They did not know that your direct supervisor authorized you to take the laptop home for the weekend to finish a report. 

The middle manager might say that you wrongfully took company property or had unauthorized control or possession of the laptop. In a situation like this, the truth is your best defense against embezzlement charges because your actions did not constitute embezzlement or theft. 

Criminal charges of any kind of theft could blemish your good name and reputation. With so much at stake, you will want to talk to a Washington criminal defense attorney at once. Contact our office today for help with your case.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of criminal cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.

In Washington, the police are supposed to follow the law, just like everyone else. One of the crucial obligations of law enforcement is not to violate anyone’s legal rights. Unfortunately, the rights guaranteed by the US Constitution, Bill of Rights, and the constitution of the state of Washington are not always honored when a person gets accused of a crime.

A Washington criminal defense attorney will fight relentlessly to protect your legal rights and hold law enforcement and the criminal justice system accountable when they trample on your constitutional protections. Here are 3 of the most frequently violated rights of the accused: 

Miranda Violations

When you are in police custody and the police ask you questions beyond merely your name and a few other non-incriminating details, they are engaging in “custodial interrogation.” Before starting a custodial interrogation, the officer is supposed to read you your Miranda rights. In reality, they do not actually read you your rights, because they have the script memorized from repeating it so many times on the job.

The police are supposed to inform you that you have the right to remain silent, that anything you say can and will be used against you in court, and that you have a right to have an attorney present. Informing you of your Miranda rights should happen before they ask you any substantive questions. It is pointless for them to tell you, after you have answered all of their questions, that you didn’t have to answer any of them because of the right to remain silent.

What we can do if this right got violated:

If the police engaged in unlawful custodial interrogation, we can ask the judge to throw out anything that you said after getting arrested. In other words, we will ask the judge to rule that the prosecutor cannot use any of the illegally obtained statements against you.

Illegal Search and Seizure

In many cases, the police are supposed to have a valid search warrant supported by probable cause before they are allowed to search your home or property. There are exceptions to this rule, which is why you want to work with a lawyer if you plan to raise the fourth amendment protection from unreasonable searches and seizures as a defense in your case.

What we can do if this right got violated:

If the police performed an unlawful search and seizure of evidence, we can file a motion with the judge asking the judge to exclude all items the police obtained improperly. This would mean that the prosecutor would not get to use those pieces of evidence against you in court.

Violations of Due Process

Due process violations can take many forms, including the accused having the right to confront witnesses and getting adequate time to work with their lawyer. Many cases involve violations of due process.

What we can do if this right got violated:

The appropriate remedy depends upon the type of due process violation. We can address these issues directly with the judge. 

A Washington criminal defense attorney can help protect you from violations of your rights and seek appropriate remedies if the police or prosecutor violated your rights. Contact our office today for help with your case.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of criminal cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.

If you get stopped by the police, you might find yourself feeling and acting nervous. When you realize that your nervousness could make the police suspect that you are guilty of something, that realization can make you more nervous, if not downright panicked. You do not want to get accused of refusing to cooperate with the police and end up as a news headline.

On the other hand, you do not want to say something that might incriminate you. A Washington criminal defense attorney can help you protect your legal rights and answer questions like, am I being detained? Here are six questions you should ask during interactions with the police. 

1. Am I Being Arrested?

If the police say that, yes, they are arresting you, you will want to exercise your right to remain silent. Call a criminal defense lawyer immediately and remain silent until you have a lawyer present. 

The police are not supposed to arrest anyone without having probable cause. If they only suspect that you might have committed a crime but they do not have probable cause that would justify making an arrest, you might inadvertently say something that they could interpret as grounds for probable cause. Let your lawyer do the talking for you. 

2. Am I Being Detained?

The police are allowed to detain a person briefly if they have a reasonable suspicion. Of course, the issue is often, how long is briefly? When they finish asking their questions, you should be free to go, unless they decide to arrest you. You should confirm whether you are free to go before you attempt to do so.

3. How Long Will I Be Detained?

Remember, the period of being detained must be brief. The police might make you stay in a secured area while they perform an investigation. You will want to call your lawyer before answering questions while being detained.

4. Why Am I Being Detained or Arrested?

The police must have a reason to arrest or detain someone. Pulling someone off of the streets and not letting them go about their business without have a good reason to do so can be harassment.

5. Do You Have a Warrant?

Although the police do not always need to have a warrant to perform a search or arrest someone, you should always ask, rather than simply opening the door and letting them enter. If you voluntarily let them in, you have consented to a search. Instead, you will want to ask them politely if they have a warrant. If they do not have a warrant, you can refuse to let them search. Because there are exceptions to the requirement of a warrant, you should call your lawyer to step in at this point.

6. Am I Free to Leave?

If the police tell you that you are free to go, by all means, go somewhere else right away. Hanging around only gives them time to think of a reason to detain or arrest you. When you have been stopped by the police, never try to leave before they tell you that you are free to go, or you might get treated as fleeing the scene.

A Washington criminal defense attorney will fight tirelessly to protect your legal rights. For help with your case get in touch with our office today, we are here to help you.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of criminal cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.

DNA evidence has an important role in Washington criminal cases. It is often used to try to convict defendants or even exonerate persons who have been wrongly accused or convicted of a crime. If you are facing any criminal matter, it is crucial to obtain legal counsel and understand the potential impact of DNA evidence in your case. Our Washington criminal defense attorney is familiar with DNA evidence and can evaluate how it may affect your case.

What is DNA?

DNA is akin to a building code unique to each person’s body and is found in almost every type of human cell. This means that DNA in your blood is the same as in your hair, skin, and saliva. DNA also does not change; your unique code will always remain the same.

DNA Evidence

In Washington state, law enforcement and other professionals must collect DNA evidence across a vast category of crimes. DNA evidence can be collected from a crime scene or a victim and “matched” with a purported suspect or used to eliminate a person as a suspect in a crime. DNA may be present in hair, body fluids, blood, and other biological material at a crime scene. 

There are specific collection procedures and timeframes that must be followed by the professional collecting the DNA evidence for it to be considered reliable. These procedures avoid degradation, tampering, or contamination of this material. For example, DNA can become contaminated when DNA from another source gets mixed with DNA relevant to the case. This can be avoided by using proper gear, using clean instruments, and carefully avoiding touching other objects when handling DNA evidence.

Once collected, it can be compared to a suspect’s sample or run through national databases such as the FBI’s Combined DNA Index System. In some cases, it may be necessary for a prosecutor or district attorney to request a judge to permit them to collect a sample.

Dealing With DNA Evidence in Your Case 

There may be many ways in which DNA evidence could be an issue in your case. You should not go through this process alone as doing so can lead to inequitable results and you being deprived of your rights. 

For example, suppose you have been charged with a crime or may be facing charges. In that case, you and your attorney have the right to access the crime scene or other location after law enforcement has completed its investigation. An experienced criminal defense attorney can help you seek a court order to access the site and collect DNA evidence with your own professional. 

Alternatively, you have rights if a sample is being demanded from you. You may not be required to provide a sample absent the government demonstrating they have probable cause regarding your involvement in an alleged crime. 

Depending on your circumstances, you may also use DNA evidence to defend or exonerate yourself. Improper collection, storage, handling, or even lack of proper training by the person collecting the evidence can all be legitimate defenses and issues raised in your case. If you or a loved one find yourselves in any of these situations, we invite you to contact our law office today for help with your case. We can help you understand your legal rights and options.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of criminal cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.

In our state, drug-related offenses are often called VUCSA, which is Violation of the Uniform Controlled Substance Act. A VUCSA felony is a felony-level drug crime. Most VUCSA crimes get charged as felonies.

Your most pressing concerns when charged with a VUCSA felony are trying to get the charge dismissed or reduced to a misdemeanor. Your first phone call should be to a Washington criminal defense lawyer, who will get to work on your defense and answer your questions, like what is a VUCSA felony.

VUCSA Offenses in Washington State

Because we have some of the toughest drug laws in the United States, most drug crimes are felonies. If you get caught with controlled substances, which can be “street drugs” or prescription drugs, you could face VUCSA charges. Making, possessing, or distributing controlled substances in our state is generally illegal and usually charged as a felony. 

Levels of VUCSA Offenses

There are three levels of VUCSA crimes in Washington:

Level I Offenses

• Possession of a controlled substance
• Manufacturing, delivering, or possessing with the intent to deliver marijuana
• Illegally using a building for the purpose of drugs
• Having a forged prescription 

Level II Offenses

• Maintaining a “drug house”
• Manufacturing, delivering, or possession with the intent to deliver narcotics or non-narcotics from Schedule I, II, II, IV, or V or an imitation controlled substance
• Delivering or possessing with the intent to deliver methamphetamine
• Possessing, making, or delivering a counterfeit controlled substance

Level III Offenses

• Making methamphetamine
• Selling controlled substances
• Possessing the component chemicals of methamphetamine with the intent to make the drug
• An adult providing real or imitation drugs to a minor
• A Chapter 69.50 felony offense that involved a deadly weapon
• Homicide involving a controlled substance

The level of the offense can impact the sentencing if one is convicted of a VUCSA crime.

Maximum Sentences for Criminal Convictions in Washington

A person convicted of a misdemeanor in our state could face a maximum sentence of 90 days in jail, fines of up to $1000, or both. If the offense is a gross misdemeanor, the fine can be as high as $5000 with jail time of 90 days to one year.

Felony convictions, including VUCSA felonies, have these sentencing maximum punishments:

• Class A felonies can result in up to life in prison, fines of $50,000, or both.
• Class B felonies can carry a maximum period of confinement of 10 years with fines up to $20,000.
• A person convicted of a class C felony can get sentenced to up to five years in prison, $10,000 in fines, or both.

When determining the appropriate sentence for a drug offense, the judge will look at the defendant’s Offender Score and whether the conviction was for a Level I, II, or III drug crime.

Fighting VUCSA Charges

Having a criminal conviction, particularly a felony, on your record can have a devastating impact on your life. You can lose your job, your professional license, your freedom if incarcerated, and thousands of dollars in fines. With your very future at stake, it would behoove you to work with a Washington criminal defense attorney who can build a strong defense or negotiate alternative sentencing options. For legal help, contact our office today.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of criminal cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.

Embezzlement is a type of theft in Washington state. Although embezzlement is not like a simple purse snatching, they both fall under the same category, so they can have similar penalties, depending on the degree of the offense. Taking someone else’s property, whether by the use of physical force or exerting unauthorized means to appropriate the item or use it for yourself, is theft.

Under our state’s criminal code, theft can be a gross misdemeanor, a class B felony, or a class C felony, depending on the dollar value of the theft. A Washington criminal defense attorney can advocate for you and work hard to get you the best possible outcome in your situation. Let’s answer the question of what are the penalties for embezzlement in Washington. 

An Overview of Embezzlement

Taking someone else’s money at a bank could be embezzlement or some other type of theft. Let’s say that a bank clerk slips a few dollars from each cash deposit into the drawer and takes it home at the end of his shift. That situation would be embezzlement. On the other hand, if someone lifts someone else’s wallet while in line at the bank, that would be a different kind of theft.

Penalties for a Conviction of Theft

RCW 9A.56.30, RCW 9A.56.40, and RCW 9A.56.50 of the Washington state laws contain the penalties for the three different degrees of theft in our state.

1. First-degree theft. A conviction of first-degree theft under RCW 9A.56.030 is a class B felony. This category is for theft of property with a value of more than $5,000. The penalties include imprisonment in a state facility for no more than 10 years. A person could receive a fine of as much as $20,000, or both imprisonment and a fine. 
2. Second-degree theft. RCW 9A.56.040 says that a person convicted of second-degree theft has committed a class C felony, punishable by imprisonment in the state facility for no more than five years and a fine of up to $10,000. It is possible to get sentenced to only imprisonment or only a fine, or both. Second-degree theft is for property between the value of $750 and $5,000. 
3. Third-degree theft. This conviction is a gross misdemeanor under RCW 9A.56.050. A person convicted of stealing property worth less than $750 can get punished by up to one year of confinement in county jail. This offense can come with a fine of no more than $5,000. A person could get a sentence of both confinement and a fine.

Sometimes, people fall into the trap of embezzlement due to unfortunate or even tragic circumstances, like medical bills or falling behind on rent or mortgage payments. In these situations, people do not intend to keep the money indefinitely, but rather, fully intend to pay back the money when they can.

Unfortunately, a criminal record does not include explanations of what led up to committing the offense. Having a criminal record can destroy your career and your reputation. It could be nearly impossible ever to work in your current field again. The best way to avoid these unpleasant consequences is to avoid getting the conviction in the first place. The first step in trying to avoid a criminal record is to talk to a Washington criminal defense attorney as soon as possible if you are being investigated, arrested for, or have been charged with embezzlement. For legal help get in touch with our office today.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of criminal cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.

It is every doctor’s nightmare to get falsely accused by a patient of something shocking that destroys your reputation. No matter how innocent you are, there will always be some people who will assume that “where there is smoke, there is fire.”

The worst thing to do is to assume that everything will work out fine on its own. Your first phone call should be to a Seattle criminal defense lawyer who will protect your legal rights and explain what to do if your patient accuses you of sexual assault.

Exercise Your Right to Remain Silent

Too often, innocent people think that it is safe for them to speak to law enforcement when under investigation or getting arrested because they know they have done nothing wrong. In reality, saying anything under these circumstances could get you convicted of a crime you did not commit. Your words could get twisted or taken out of context and used against you. Do not participate in questioning until your lawyer arrives, and then, follow their guidance. 

Stay Off of Social Media

The prosecution will be able to access your social media accounts, regardless of the privacy settings. You might feel the need to vent or defend yourself, but social media is not the place to do so. Every photo or comment that you post can get submitted as evidence in court.

Do Not Interact with or Confront Your Accuser

If someone goes to the extent of accusing you of sexual assault, you will not be able to convince that person that they are wrong. If anything, reaching out to your accuser will look like you are trying to intimidate the person into withdrawing the accusation. 

You might justifiably feel the person owes you an explanation for the false accusation, but confronting the individual is not the answer. It can only hurt you and your case if you do so. Instead, you might need to prepare yourself for the fact that the accuser might never explain why they took the action they did.

Do Not Give Interviews or Public Statements

Let your lawyer speak for you. Building and protecting your case is your lawyer’s job, not yours. You would not want your lawyer to come into the operating room and do your job.

Gather the Evidence of Your Innocence

Your defense lawyer will need to have hard evidence to present in court to refute the allegations of the accuser. If you rely entirely on the judge or jury believing your word instead of the testimony of your accuser, you are rolling the dice in a dangerous game.

Instead, you might go through the files at your practice and compile things your defense lawyer can use on your behalf, for example:

• Evidence that your office policy is for you never to be alone with the door closed in your office or an examining room with a patient without having a member of your medical staff present.
• Testimony from members of your office staff confirming that you do not deviate from this protocol.
• If this patient has behaved oddly in the past, you might have notes in the medical file or witnesses to that behavior. 
• Sometimes false allegations of a sexual nature are the result of a spurned romantic advance from the patient or delusional conduct resulting from a mental health disorder. Reviewing the office files might lead to the discovery of information along these lines.

A Washington criminal defense lawyer can help to preserve the good name and reputation that you have worked hard for many years to build. Contact our office today for help with your case.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of criminal cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.