My boyfriend is in jail for 8 first degree counts of trafficking of stolen property. He also is being charged with one count second degree theft. This is in Washington State, I don't know how much that matters, but I was wondering approximately how long he is looking at if he is convicted of the charges. His trial date has been set but none of the trafficking of stolen property was violent all he did was pawn the items that were given to him by a friend. I'm not so sure that he knew that they were stolen or not ether and I was wondering if that Mattered.
Criminal Defense Attorney
In Washington State, felony sentencing ranges are set by the Legislature. There is a grid that establishes the range by factoring the seriousness of the crime and the defendant's felony criminal history.
Your boyfriend is facing very serious allegations. Trafficking in Stolen Property in the First Degree is a Class B Felony in Washington State. It is a level IV offense [1 to 16 with 16 being the most serious.] Theft in the Second Degree is a Class C Felony Offense. However neither are strike offenses for the purpose of the three strikes law.
If convicted of all nine counts, his standard range would be 53 to 70 months in prison. If he has any previous felony convictions [or if they add an additional count], his offender score will max out and his offender score would be 63 to 84 month in prison. The sentence for the Theft-2 is less and would be served simultaneously.
To convict someone of Trafficking in Stolen Property in the First Degree, the State must prove that the defendant "knowingly trafficked in stolen property." For Trafficking in Stolen Property in the Second Degree, the State must prove that the defendant "recklessly trafficked in stolen property."
Reckless conduct is defined as "when he or she knows of and disregards a substantial risk that a wrongful act may occur and the disregard of such substantial risk is a gross deviation from conduct that a reasonable person would exercise in the same situation. Recklessness also is established if a person acts intentionally or knowingly."
So while he may not have known that the property was stolen, would a reasonable person suspected that the property was stolen? It is the State's burden to prove its case beyond a reasonable doubt.
Your boyfriend needs to speak with an attorney who has extensive felony experience. The outcome depends on facts and the abiliy of the attorney to vigourously represent his interests.
I would be happy to discuss the matter further with him.
Sherman & Leary PLLC
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