D.C. Theft and Shoplifting Defense
| Theft I | Felony; property value of $1,000 or more; up to 10 years jail and/or $5,000 fine |
|---|---|
| Theft II | Misdemeanor; property value below $1,000; up to 180 days jail and/or $1,000 fine |
| Shoplifting | Misdemeanor; up to 90 days jail and/or $500 fine; usually charged as Theft II |
| Repeat-offender enhancement | Up to 15 years and $50,000 fine with two or more prior theft convictions; one-year mandatory minimum |
| First-time offenders | Diversion may be offered; typical Theft II deferred prosecution agreement: 32 hours community service, restitution, charges dismissed on completion |
| Court | D.C. Superior Court |
What is theft in Washington, D.C.?
Theft in Washington, D.C. is the unauthorized taking of property from another person with the intent to permanently deprive that person of it. The property can be tangible or intangible, and theft can also involve services.
To convict a person of theft in D.C., the prosecution must prove three elements beyond a reasonable doubt: the property belongs to another person; the defendant "wrongfully obtained or used" the property, whether by physical taking, deception, or unauthorized use or control; and the defendant acted with criminal intent.
A person cannot be convicted of theft in D.C. for mistakenly taking property, or for intentionally taking property under a mistaken understanding of permission or ownership.
Theft of services in D.C. includes jumping the turnstile at a Metro station or refusing to pay a cab, Uber, or Lyft fare.
How is shoplifting different from theft in D.C.?
Shoplifting in D.C. is the taking of merchandise from a business or store without paying for it. It is a more specific form of theft.
In a D.C. shoplifting case, the prosecution does not need to prove that the person actually left the store. Proving that the person concealed the item with the intent to steal it is enough for a conviction.
Shoplifting in D.C. is usually charged as Theft II.
What is the difference between Theft I and Theft II in D.C.?
The difference between Theft I and Theft II in D.C. depends on the value of the property allegedly stolen.
- Theft I: property value of $1,000 or more
- Theft II: property value below $1,000
What are the maximum penalties for theft and shoplifting in D.C.?
Theft I in D.C. is a felony with a maximum penalty of 10 years in jail and/or a $5,000 fine. Theft II is a misdemeanor with a maximum penalty of 180 days in jail and/or a $1,000 fine. Shoplifting is a misdemeanor with a maximum penalty of 90 days in jail and/or a $500 fine.
Theft II penalties in D.C. can increase to 15 years and a fine of up to $50,000, with a mandatory minimum of one year, if the defendant has two or more prior theft convictions on separate occasions.
| Offense | Type | Maximum penalty |
|---|---|---|
| Theft I | Felony | 10 years jail and/or $5,000 fine |
| Theft II | Misdemeanor | 180 days jail and/or $1,000 fine |
| Shoplifting | Misdemeanor | 90 days jail and/or $500 fine |
Is there a diversion program for a first theft charge in D.C.?
First-time offenders charged with theft in D.C. may be offered a diversion program. The typical program for Theft II is a deferred prosecution agreement.
- 32 hours of community service over a four-month period
- Restitution for unreturned or damaged property
- Charges dismissed upon completion
Can a D.C. theft arrest record be sealed or expunged?
There are two ways to seal an arrest record for Theft I or Theft II in D.C. The first is to file a motion to seal on grounds of actual innocence, which can be done immediately. The second is to wait two to four years and file a motion alleging that sealing would be in the interests of justice, which is the typical timeline.
- Motion to seal on grounds of actual innocence: immediate
- Motion to seal in the interests of justice: after waiting two to four years