Burglary is a felony in the State of Washington. Burglary, simply put, is being inside a building without permission and either committing a crime while inside or having the intent to commit a crime while inside. One common misconception about burglary is that a burglary can occur even when an individual initially had permission to be where they were but at some time that permission was revoked and a crime occurred.
BURGLARY IN THE FIRST DEGREE
Burglary in the First Degree occurs when an individual with intent to commit a crime against another person or property therein, enters or remains unlawfully in a building and if, while entering or otherwise physically in the building or during an immediate flight from the building, the actor or another participant in the crime is either armed with a deadly weapon, or assaults another person. Burglary in the First Degree is a Class A felony.
BURGLARY IN THE SECOND DEGREE
A person is guilty of Burglary in the Second Degree in Washington State if, with intent to commit a crime against a person or property therein, he enters or remains unlawfully in a building other than a vehicle or a dwelling. Burglary in the Second Degree is a Class B felony. A person is guilty of Residential Burglary in Washington State if, with intent to commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling other than a vehicle. Residential Burglary is a Class B felony, but is considered a more serious criminal offense than Second Degree Burglary.
Burglaries can vary from family fights to people breaking into a building to keep warm to situations where people break-in to a building to steal things inside. Burglaries come in many different shapes and sizes. If you have been charged with burglary, you need an aggressive criminal defense attorney that will evaluate the situation, investigate your story put up the best defense possible. It is not uncommon for situations that should be criminal trespass or a simple assault to be charged as a burglary. Call or write us today.