Property Damage

PROPERTY Damage & BURGLARY Lawyer

General Statement

A misdemeanor charge will usually result in a citation or release agreement instructing you to appear in court. A felony charge will likely result in a citation or you may be taken into custody and ordered to appear in court the following business day. It is very important that you make your court appearance. If you fail to appear a bench warrant will be issued for you. It’s important that you hire a lawyer that has experience with property damage and burglary in the state of Oregon.

Burglary Charges

Possession of a Burglary Tool or Theft Device Charges (ORS 164.230)

• If the person possesses a burglary tool or theft device and:
  • Intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by physical taking; or
  • Knows that another person intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking
• Class A felony

Criminal Trespass Charges

Unlawful Entry into Motor Vehicle (ORS 164.272)

• The person unlawfully enters a motor vehicle, or nay part of a motor vehicle, with the intent to commit a crime
• Class A misdemeanor

Theft (ORS 164.015)

A person commits theft when, with intent to deprive another of property or to appropriate property to the person or to another person, the person:

• Takes, appropriates, obtains or withholds such property from an owner thereof;
• Commits theft of property lost, mislaid, or delivered by mistake
• Commits theft by extortion, deception, or by receiving

Disproportionate Impact (ORS 164.063)

In a case of theft in the 1st degree or aggravated theft in the 1st degree:

• The offender caused damage to the property that is more than three times more than the value of the property to restore or repair
• The theft creates a hazard to public health or safety or the environment

The court may consider increasing the presumptive sentence in a disproportionate impact theft.

Theft of Lost or Mislaid Property (ORS 164.065)

• A person who comes into control of property of another that the person knows or has good reason to know to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, commits theft if, with intent to deprive the owner thereof, the person fails to take reasonable measures to restore the property to the owner.

Theft by Extortion (ORS 164.075)

• A person commits theft by extortion when the person compels or induces another to deliver property to the person or to a third person by instilling in the other a fear that, if the property is not so delivered, the actor or a third person will in the future:
  • Cause physical injury to some person;
  • Cause damage to property;
  • Engage in some other crime;
  • Accuse some person of a crime or cause criminal charges to be instituted against the person;
  • Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt, or ridicule
  • Use or abuse the position as a pubic servant by performing some act within or related to official duties, failing to perform duties
  • Inflict any harm that would not benefit the actor
• Class B Felony

Theft by Deception (ORS 164.085)

• A person, who obtains property of another thereby, commits theft by deception when, with intent to defraud, the person:
  • Creates are confirms another’s false impression of law, value, intention or other state of mind that the actor does not believe to be true;
  • Fails to correct a false impression that the person previously created or confirmed;
  • Prevents another from acquiring information pertinent to the property involved
  • Promises performance that the person does not intend to perform or knows will not be performed

Organized Retail Theft (ORS 164.098)

• The person acts in concert with another; or aids and abets another in the commission of a theft
• The subject of the theft is merchandise, and it is taken from a mercantile establishment (a store or shop)
• The value of the merchandise taken exceeds $5,000.
• Class B felony

Theft of Services (ORS 164.125)

• With intent to avoid payment, the person obtains services that are available only for compensation, by force, threat, deception or other means to avoid payment for the services
• Class C misdemeanor – total value of the service is less than $100
• Class A misdemeanor – total value of the service is $100 or more, but less than $1,000
• Class C felony – total value of the service is $1,000 or more, but less than $10,000
• Class A felony – total value of service is $10,000 or more

Unauthorized Use of a Vehicle (ORS 164.135)

• The person takes, operates, exercises control over, rides in or otherwise uses another’s vehicle, boat, or aircraft without consent of the owner
• Class C felony

Shoplifting Theft

There is no crime of “Shoplifting” recognized by Oregon, a shoplifting theft is simply a regular theft.

Attempted Theft Charges

Attempted Theft charges are lowered one level. For instance, if you are charged with attempted theft in the 1st degree the offense level will be class A misdemeanor instead of a class C felony.

Defenses to Theft

• Defendant was unaware that the property belonged to another
• Defendant reasonably believe he was entitled to the property or had a right to it
• Property involved belonged to the defendant’s spouse (unless the parties no longer live together as husband and wife)
• Under a charge of receiving: Defendant had the intent of returning the property
• Under a charge of extortion: Defendant reasonably believed the threatened charge to be true and that the sole purpose of the defendant was to compel or induce the victim to make good the wrong which was the subject of the threatened charge

Community Court

First time misdemeanor charges may be dismissed in upon successful completion of the program requirements.

Civil Compromise

• Many theft crimes can be compromised and dismissed if the victim and the judge agree, and the formal process is completed
• Prior record or prior civil compromise may affect your ability to obtain a civil compromise

Expunge / Seal a Theft Conviction

• Many theft charges can be expunged or sealed after enough time has elapsed, and there have been no new criminal arrests. It may take three to ten years to be eligible.
• A dismissed charge of theft can generally be expunged immediately
• Felony theft convictions cannot be expunged

Robbery Charges

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The person violates ORS 164.395 (above) and:

• Is armed with a deadly weapon;
• Uses or attempts to use a dangerous weapon; or
• Causes or attempts to cause serious physical injury to any person

Arson Charges

Reckless Burning

• A person recklessly damages property of another by burning or explosion
• Class A misdemeanor

Criminal Mischief Charges

Aggregation: Determining the Value of Damage (ORS 164.366)

The of damage done during single incident of criminal mischief may be added together if the incidents of criminal mischief were committed:

• Against multiple victims in the same course of conduct; or
• Against the same victim, or two or more persons who are joint owners, within a 30-day period.

Graffiti Charges (ORS 164.381)

• The person, having no right to do so nor reasonable ground to believe that such a right exists, intentionally damages property of another by applying graffiti to the property.
• Class A misdemeanor
• If the court orders community service, the community service must be completed within six months after the entry unless the person shows god cause why the community service cannot be completed by that time.

Unlawfully Possessing Graffiti Implement (ORS 164.386)

• The person possesses a graffiti implement with intent of using the implement in violation of (ORS 164.381 above)
• Class C violation
  • In addition to a fine, the court may order the defendant to perform up to 50 hours of community service
  • If the court orders community service, the community service must be completed within six months after the entry unless the person shows god cause why the community service cannot be completed by that time.

Graffiti Definitions (ORS 164.381)

• “Graffiti” means any inscriptions, words, figures or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to the surface of the property
• “Graffiti implement” means paint, ink, chalk, dye, or other substance or any instrument or article designed or adapted for spraying, marking, etching, scratching, or carving surfaces

Computer Crime (ORS 164.377)

• (Class C felony) Person knowingly accesses, attempts to access or uses, or attempts to use, any computer, computer system, computer network or any part thereof for the purpose of:
  • Devising or executing any scheme or artifice to defraud
  • Obtaining money property, or services by means of false or fraudulent pretenses, representations or promises; or
  • Committing theft, including but not limited to, theft of proprietary information
• (Class C felony) Person knowingly and without authorization alters, damages, or destroys any computer, computer system, computer network, computer software, program, documentation, or data contained in such a computer, system or network
• (Class A misdemeanor)Person knowingly and without authorization uses, accesses or attempts to access any computer, computer system, or computer network, program, documentation or data contained in such a computer, computer system, or computer network
• Any violation of this section (ORS 164.377) relating to a computer, network, program, software, system, or data owned or operated by the Oregon State Lottery shall be a Class C felony.

PROPERTY CRIME CHARGES – WASHINGTON STATE

Burglary Charges

Inference of Intent (RCW 9A.52.040)

In any prosecution, any person who enters or remains unlawfully in a building may be inferred to have acted with intent to commit a crime against a person or property therein

Other Crime in Committing Burglary (RCW 9A.25.050)

Every person, who in the commission of a burglary shall commit any other crime, may be punished therefore as well as for the burglary, and may be prosecuted for each crime separately

Making or Having Burglar Tools (RCW 9A.25.060)

• Every person who shall make or mend or cause to be made or mended, or have in his possession, any engine, machine, tool, false key, pick lock, bit, nippers, or implement adapted, designed, or commonly used for the commission of burglary evincing intent to use or employ, or allow the same to be used or employed in the commission of a burglary shall be guilty of violation of RCW 9A.25.060.
• Gross misdemeanor

Criminal Trespass Charges

Criminal Trespass Defenses (RCW 9A. 25.090)

• The building was abandoned; or
• The premises were at the time open to members of the public and the person complied with all lawful conditions imposed on access to or remaining in the premises; or
• The person reasonably believed that the owner of the premises. Or other person empowered to license access would have allowed the person to enter or remain; or
• The person was attempting to server legal process

Vehicle Prowling Charge, 1st Degree (RCW 9A.25.095)

• The person, with intent to commit a crime, enters or remains unlawfully in a motor home, or a vessel equipped for propulsion by mechanical means or by sail which has a cabin equipped with permanently installed sleeping quarters or cooking facilities
• Class C felony

Vehicle Prowling Charge, 2nd Degree (RCW 9A.25.100)

• The person, with intent to commit a crime, enters or remains unlawfully in a vehicle other than a moor home, or ship
• Gross misdemeanor

Computer Trespass Charge, 1st Degree (RCW 9A.25.110)

• The person, without authorization, intentionally gains access to a computer system or electronic database of another; and:
  • The access is made with the intent to commit a crime; or
  • The violation involves a computer or database maintained by a government agency
• Class C felony

Computer Trespass – Commission of Other Crime (RCW 9A.25.130)

The person who, in the commission of a computer trespass, commits any other crime may be punished for that other crime as well as for the computer trespass and may be prosecuted for each crime.

Theft Charges – Other Than Firearm or Motor Vehicle

Theft – Definition (RCW 9A.56-020)

“Theft” means:

• To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him or her of such property or service;
• By color or aid of deception to obtain control over the property or service of another or the value thereof, with intent to deprive him or her of such property or service;
• To appropriate lost or misdelivered property or service of another with intent to deprive him or her of such property or services

Possession of Stolen Property – Other than a Fire Arm or Motor Vehicle

Robbery, 1st Degree (RCW 9A.56.200)

• The person, in the commission of the robbery or of immediate flight there from:
  • Is armed with a deadly weapon
  • Displays what appears to be a firearm or other deadly weapon
  • Inflicts bodily injury; or
• The person commits a robbery within and against a financial institution
• Class A felony

Robbery, 2nd Degree< (RCA 9A.56.210)

Class B felony

Robbery – Definition (RCW 9A.56.190)

• 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 property of anyone.
• Such force or fear must be used to obtain or retain possession of the 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 completes without the knowledge of the person from whom taken, such knowledge was prevented by the use of force or fear.

Theft / Possession of a Firearm (Theft: RCW 9A.56.300; Possession: RCW 9A.56.310)

• The value of the firearm does not matter
• Each firearm taken is a separate offense
• Class B felony

Theft of Motor Vehicle (RCW 9A.56.065)

Class B felony

Making or Possessing Motor Vehicle Theft Tools (RCW 9A.56.063)

• The person:
  • Makes, mends, or causes to be made or mended, or has in his or her possession any motor vehicle theft tool, that is adapted, designed, or commonly used for the commission of motor vehicle related theft
  • Has the intent to or employ, or allow the use of any of the above listed tools in the commission of a motor vehicle theft
• Motor vehicle theft tools include, but are not limited to:
  • Slim jim, false master key, master purpose key, altered or shaved key, trial or jiggler key, slide hammer, lock puller, picklock, bit, nipper, any other implement shown by facts and circumstances that is intended to be used in the commission of a motor vehicle related theft
• Gross misdemeanor

Possession of a Stolen Vehicle (RCW 9A.56.068)

Class B felony

Taking a Motor Vehicle Without Permission, 1st Degree (RCW 9A.56.070)

• The person intentionally takes or drives away an automobile or motor vehicle, whether propelled by steam, electricity, or internal combustion engine, that is the property of another; and
  • Alters the motor vehicle for the purpose of changing its appearance or primary identification, including obscuring, removing, or changing the manufacturers serial number or the vehicle identification number plates;
  • Removes, or participates in the removal of, parts from the motor vehicle with the intent to sell the parts;
  • Exports, or attempts to export, the motor vehicle across state lines or out of the United States for profit;
  • Intends to sell the motor vehicle;
  • Has engaged a juvenile the violation
• Class B felony

Taking a Motor Vehicle Without Permission, 2nd Degree (RCW 9A.56.075)

• The person intentionally takes or drives away an automobile or motor vehicle, whether propelled by steam, electricity, or internal combustion engine, that is the property of another; or voluntarily rides in or upon the motor vehicle with knowledge of the fact the automobile or motor vehicle was unlawfully taken
• Class C felony

Malicious Mischief

Criminal Street Gang Tagging and Graffiti (RCW 9A.48.105)

• The person commits malicious mischief in violation of RCW 9A.48.090 and:
  • Has multiple current convictions for malicious mischief in the 3rd degree offense; or
  • Has previously been convicted for a malicious mischief in the 3rd degree, or a comparable offense in another city or town; and
  • The current offense, or one of the current offenses, is a “criminal street gang-related offense” (RCW 9.94A.030)
• Gross misdemeanor

Arson, 1st Degree (RCW 9A.48.020)

• The person knowingly and maliciously:
  • Causes a fire or explosion which is manifestly dangerous to any human life, including firefighters; or
  • Causes a fire or explosion which damages a dwelling; or
  • Causes a fire or explosion in any building in which there shall be at the time a human being who is not a participant in the crime; or
  • Causes a fire or explosion on property valued at $10,000 or more with intent to collect insurance proceeds
• Class A felony

Arson, 2nd Degree (RCW 9A.48.030)

• The person knowingly and maliciously causes a fire or explosion which damages a building, or any structure or erection appurtenance to or joining any building, or any wharf, dock, machine, engine, automobile, or other motor vehicle, watercraft, aircraft, bridge, trestle, or hay, grain, crop, or timber, whether cut or standing or any range land, or pasture land, or any fence, or any lumber, shingle, or other timber products, or any property
• Class B felony

Reckless Burning, 1st Degree (RCW 9A.48.040)

• The person recklessly damages a building or other structure or any vehicle, etc (see above) by knowingly causing a fire or explosion
• Class C felony

Reckless Burning, 2nd Degree (RCW 9A.48. 050)

• The person knowingly causes a fire or explosion, whether on his property or the property of another, and thereby recklessly places a building or other structure, or any vehicle, railway car, aircraft, watercraft, or any hay, grain, crop or timber, cut or standing, in danger of destruction or damage
• Gross misdemeanor

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