What Is It?
Burglary is defined in RCW 9A.52.010. The specifics that classify a crime as burglary are as follows: a person entered or remained in a property unlawfully and they did so with the intent to commit a crime against another person or said property. Depending on the severity of the burglary allegedly committed, a person can be accused of different types of burglary, which are:
- Burglary in the 1st Degree: A person entered or remained in a property unlawfully, and they did so with the intent to commit a crime against another person or said property, and the person was armed with a deadly weapon or assaulted someone while committing this crime. Burglary in the 1st degree is a class A felony, and the maximum penalty is life in prison and/or a $50,000 fine.
- Burglary in the 2nd Degree: A person entered or remained in a property unlawfully, and they did so with the intent to commit a crime against another person or said property, and the building is anything other than a vehicle or dwelling. Burglary in the 2nd degree is a class B felony, and the maximum penalty is 10 years in prison and/or a $20,000 fine.
- Residential Burglary: A person entered or remained in a property unlawfully, and they did so with the intent to commit a crime against another person or said property, and the building is a residence or dwelling. Residential Burglary is a class B felony, and the maximum penalty is 10 years in prison and/or a $20,000 fine.
How is Burglary Different Than Other Similar Crimes?
Due to the nature of this crime, you might wonder how burglary differs from Robbery. For a crime to be considered robbery, the perpetrator must use force or threaten the use of force to illegally take the personal property of another—classification of this includes using immediate force, violence, or fear of injury to the victim. Again, a person can be charged with different types of robbery depending on the severity of the crime allegedly committed. Robbery in the 1st degree is a class A felony, and robbery in the 2nd degree is a class B felony.
Another crime similar to burglary is Criminal Trespass. Criminal trespass comes into play when someone knowingly enters or remains unlawfully in a building. However, the difference from a burglary is that there was no intent to commit a crime. Criminal trespass in the 1st degree is a gross misdemeanor, and criminal trespass in the 2nd degree is a misdemeanor.
Contact Us for Assistance in Your Burglary Case
If you have been charged with the crime of Burglary, it is not a hopeless situation. There are things you and your attorney can do to try to get through this situation as easily as possible. If you have been arrested or investigated for burglary, please give our office a call at (425) 224-7075. We will listen to you, answer your questions, ease your stress, and resolve your case. Owner and principal attorney Lance Fryrear of The Law Offices of Lance Fryrear has defended the accused throughout Washington for the past 20 years. We will be sensitive and careful every step of the way, doing everything we can to help and support you.
Give us a call at (425) 224-7075 to learn more!