Burglary In Washington

BURGLARY

Definition of Burglary

Most people believe that the charge of Burglary has something to do with a Theft, but that is not necessarily the case. Someone can be charged with Burglary without ever stealing or intending to steal anything at all. Burglary is a property crime as it does have to do with allegations of unlawfully gaining entrance to a building. However, a Burglary can be charged under RCW Chapter 9A.52 when a person enters a building with the intent to commit any crime inside, not just a theft. The definition of this charge is outlined in more detail below as we break down both Burglary in the Second Degree and Burglary in the First Degree. Read on to learn more about each.

Burglary involves allegations of either entering or remaining unlawfully in a building. So understanding these definitions is important to understanding whether or not a Burglary charge can be established.

Definition of Entering

Under RCW 9A.52.010, “entering” is defined as: The entrance of any part of your body or an instrument you are holding that is used or intended to be used to threaten, intimidate or detach or remove property. This means that as soon as you or an object you are holding to accomplish the burglary crosses into the threshold of the building, the “entering” element of this charge has been established.

Definition of Unlawfully Remaining

Under RCW 9A.52.010, “unlawfully remaining” is established if you are on the premises of a property and have not been licensed, invited, or otherwise permitted to be there.

This also includes the following situations:

Being in a public building, but entering into a restricted are you are not permitted to be in
Overstaying beyond the period of time you are lawfully allowed to remain
Entering into fenced in or improved property
Entering upon apparently unused land where you have been told it would be trespassing, or conspicuous signage declares as such

Burglary vs Residential Burglary

The charge of regular Burglary applies to a burglary alleged to have occurred in a commercial building or other building that is not a residence. If the Burglary is alleged to have occurred in a residence, then it will be charged as a Residential Burglary.

Two Degrees of Seriousness

In Washington some crimes have multiple degrees of seriousness, and this is one such charge. Burglary has two degrees of seriousness, with First Degree being the most serious. Both are discussed below.

Burglary and No Contact Orders

When a No Contact Order is in place, violating it is a crime. Therefore, if you enter somewhere you are prohibited from being by a No Contact Order, you can be charged with Burglary as you entered that property to commit the crime of violating the order.

Burglary and the Underlying Offense - Can you be Charged with Both?

Yes, you can be charged with both Burglary and the other charge that was the basis of the burglary. By nature of the definition of a Burglary under RCW Chapter 9A.52, there had to be the intention to commit another crime, so there is usually a second crime or attempted crime charged along with the Burglary. So if you entered a property in violation of a No Contact Order as in the example above and therefore were charged with a Burglary, you can also be charged with the underlying Violation of a No Contact Order as well.

BURGLARY IN THE SECOND DEGREE

Definition of Burglary in the Second Degree

RCW 9A.52.030 defines this charge as:

Entering or unlawfully remaining in a building
With the intent to commit a crime within

This charge is a Class B felony.

Potential Outcomes for a charge of Burglary in the Second Degree

As a Class B felony, this charge has serious consequences if convicted. A good outcome on a felony charge such as this could range from getting a dismissal of your case, a reduction to a misdemeanor, or reducing the jail or prison time. Your options will depend on the facts of the case and your history. For a personalized consultation, contact us here.

Potential punishments for a conviction for a Class B felony range as follows:

0-10 years of prison (this may vary dependent upon your offender score, history, and charges)
Fines of $0-$20,000
Probation or DOC Supervision if you serve time in the Department of Corrections.
Restitution
Classes or Treatment
Prohibition of Possessing Firearms
A No Contact Order with the alleged victim

BURGLARY IN THE FIRST DEGREE

Definition of Burglary in the First Degree

Under RCW 9A.52.020, Burglary in the First Degree is very similar to the definition of Burglary in the Second Degree, but it involves allegations of either Assault, or possessing or using a deadly weapon. This offense can be charged when a person is accused of doing the following:

Entering or unlawfully remaining in a building

With the intent to commit a crime within, and
Either while entering, while inside, or while in immediate flight from therein;
- Assaults someone, or
- Is armed with a deadly weapon

This charge is a Class A felony.

Potential Outcomes for a charge of Burglary in the First Degree

As a Class A felony, this charge carries the most serious consequences of any offense in Washington. A good outcome on a felony charge such as this could range from getting a dismissal of your case, a reduction to a misdemeanor, or reducing the jail or prison time. Class A felonies are as serious as it gets, and require serious defense. To find out what might be possible in your case, you can schedule a free consultation here.

Potential punishments for a conviction for a Class A felony range as follows:

0-life in prison (this may vary dependent upon your offender score, history, and charges)
Fines of $0-$50,000
Probation or DOC Supervision if you serve time in the Department of Corrections.
Restitution
Classes or Treatment
Prohibition of Possessing Firearms
A No Contact Order with the alleged victim

WHAT CAN YOU DO ABOUT A CHARGE FOR BURGLARY?

What should I do if I am accused of Burglary?

If you are being accused of a crime or are subject to a law enforcement investigation, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly, in some cases we can work to stop those charges from being filed. If you are in this situation you can schedule a free consultation here.

What should I do if I am charged with Burglary?

If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges, especially when you are facing a felony. Read more about what to do if you have been arrested here, or charged with a crime here.

Can I get my case dismissed?

The answer to this question will completely depend on the facts of your case. In any case a dismissal of the charges is the best case scenario, and there are multiple ways of getting one - outright, by completing a diversion program, or by winning a trial. We can walk you through what options are possible in your case.