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Bellevue Burglary Attorneys
Burglary, in its most general sense, is among those classes of offenses, where the crime is penalizes the intent before actually committing the offense, and the conduct while in the process of committing the offense. In its broadest sense, burglary is entering the dwelling of another with the intent to commit a crime while inside the dwelling.
Burglary is often confused with robbery but they are two distinctly different crimes. Like many other offenses, the crime burglary is actually divided into three distinct categories based on the value and nature of the property. Burglary in the 1st degree is the most severe, followed by Residential Burglary, and Burglary in the 2nd degree.
Regardless of which category of burglary you are charged with, however, they are ALL felonies, which are heard in Superior Court, and carry substantial consequences both in terms of jail time, and fines, or BOTH.
Burglary in the 1st Degree
Burglary in the 1st degree, RCW 9A.52.020, the most serious version of burglary, is a class A felony. The maximum punishment allowable by statute is: life in prison, a $50,000 fine, or both. There are essentially two different ways a person can be found guilty of Burglary in the 1st degree. They can either: commit the offense with a deadly weapon, OR commit an assault during the offense.
Specifically, the statute states that a person is guilty of burglary in the first degree if he/she intended to commit a crime against a person OR property therein, AND:
1. He or she enters a building OR remains unlawfully in a building; AND
2. While entering the building or immediately fleeing from it, the defendant or other participant in the crime is:
a. Armed with a deadly weapon; OR
b. Assaults any person
This is a convoluted statute that has a lot of legal terms within it. Here is a graphical representation of the statute:
Another way to think about this offense is running through an example. Let's say a person had the intention to slash a vehicle's tires at another person's home. The front door to the garage was closed so they couldn’t see whether the vehicle was in there, but the side entrance was unlocked and wide open. The person walked into the garage with knife to carry out slashing the tires. But, when they arrived inside the garage, the car was not there. So, the person left, obviously without slashing the tires. Let's go through the chart above.
1. Did the person intend to crime against a person or property therein: YES, because the person intended to slash the tires of a vehicle. Clearly that is a crime against property.
2. Did the person actually enter the building: YES, they went through the side door. It does not matter that the door was open. They did not have an invitation to enter, and it was not their residence.
3. While the person was in the building was he/she armed with a deadly weapon or assault someone: YES, because they had a knife to slash the tires. The knife is considered a deadly weapon even though the intent was to injure property.
In this scenario, even though the person did not actually carry out the slashing of the tires, it is enough that he/she intended to.
Residential Burglary
Residential Burglary, RCW 9A.52.025, is the second most serious version of burglary. It is considered a class B felony, which means the case will be heard in Superior Court. The maximum punishment allowable by statute is: 10 years in prison; $20,000 fine; or both.
A person can be convicted of Residential if he/she:
1. Intended to commit a crime against a person or property; AND
2. Entered or remained unlawfully in a dwelling OTHER THAN a vehicle.
For purposes of this statute, a "dwelling" is considered any building or structure, or a potion of it, that is ordinarily used by a person for lodging. A typical example includes an attached garage. Even through the garage is not ordinarily explicitly used for lodging, it is a portion of the overall structure, and therefore it falls under this provision of the statute.
Burglary in the 2nd Degree
Burglary in the 2nd Degree, RCW 9A.52.030, is the least serious version of burglary. It is considered a class B felony, which means the case will be heard in Superior Court. The maximum punishment allowable by statute is: 10 years in jail, and a $20,000 fine, or both.
A person can be convicted of Burglary in the Second Degree if he/she:
1. Intended to commit a crime against a person or property; AND
2. Entered or remained unlawfully in a building OTHER THAN a dwelling or vehicle.
Naturally, many, many people are confused by this offense wondering: what exactly is a building? Not surprisingly, the definition of what a "building" actually is, is a legal grey area that depends heavily on the facts and circumstances of your specific case, and that is why we, at the Washington Criminal Attorneys, take the time to listen to our clients. Some examples of "buildings" as decided by the courts of Washington State include: detached semitrailers, trains, enclosed subfloor areas, and merchant stands enclosed in canvas, etc. As you can see, the definition is not uniform, and VERY expansive. Rest assured the prosecutor knows this, and will try to paint nearly anything big enough to live in or do business as a "building" so you will be convicted under this statute.
How We Can Help You
If you have been charged with this crime you should consult with a Skagit county criminal lawyer as soon as possible to find out how our team of professionals can help.
Ideally in any case your criminal defense attorney would be able to get the charges completely dropped. While that is always the goal, it is not always possible. You can, however, trust that we will do everything legally possible to either eliminate or minimize the consequence to you.
Not surprisingly, many people are shocked, overwhelmed, and confused not only by the arrest itself, but the statutory scheme we have here in Washington State. The attorneys at Washington Criminal Attorneys, understand how unfair this can feel. We understand the emotions that run through our client's minds when they are arrested. Most of our clients are not career criminals. They are simply people that might have made a poor decision, and as the old adage goes, "bad things happen to good people." It is our job to tell your story, to position you the right way in front of both the prosecutor and the court, to make sure we are available when you need us, and to offer our guidance throughout this confusing and overwhelming process.
Most of our clients do not understand what they can and cannot do when the police are called and start asking questions. Most understandably, and unfortunately make the mistake of cooperating with whatever the police officer asks them to do. This is not your fault! We've all been taught since a very young age to respect authority, and when police officers ask you to do something, you do it. Period.
But, most people do not understand that cooperating with the police only gives them more information to work with, and ultimately to arrest you. Getting arrested is an overwhelming experience. There are often multiple police officers. The officer starts asking very general, broad questions, and then starts getting more and more specific. In these types of situations, most people make the mistake of thinking that if only the police officer understood what lead to the conduct they are alleging, that would somehow convince the officer to leave or cut them a break. The sad truth is that once the police are dispatched, the overwhelming odds are that someone is getting arrested--and it's YOU!
That does not mean you cannot defend yourself, or that the case is over!
We will look for any violation of your rights or grounds for challenging your arrest. We will look to see whether you had a legitimate reason to be on the property. We will look to whether police officers identified the wrong person, and whether any audio/video surveillance exists. We will verify the existence of any 911 calls, and pour through your arrest report for any inconsistencies, or exonerating information. In short, we will not rest until every last piece of evidence is scrutinized on multiple levels, and every possible outcome is investigated thoroughly.
You deserve the best, and that is exactly what you receive when you hire Washington Criminal Attorneys. There are many, many, creative ways to attack these cases.
If any of this sounds like it happened to you, call us immediately. Now that you have been criminally charged, a million thoughts are running through your mind. What happens next? How will I get to work? Will I lose my job? Will I be prevented from advancing my career? Can I relocate? Am I on probation right now? Do I have to surrender my firearms? How much is this going to cost?
When you call our offices, you will speak to one of our experienced criminal defense attorneys, and we will take the time to go through all of your questions in detail.
The initial consultation is free, and we will take the time to learn about your specific case, and give you our honest assessment of where your case stands. Remember, NEVER speak to the police, detectives, or anyone from the prosecutor's office without an attorney. They have one job, and that is to make sure you are convicted. If you are reading this page you have been charged with a criminal offense. It is now them against you. With something as important as your freedom at stake, don't make the mistake of handling your criminal charge alone, or hiring an attorney that does not have the experience of our offices.
Washington Criminal Attorneys bring a wealth of experience, knowledge, and skill to the forefront of your criminal defense. Your charges have serious short-term, and long-term ramifications, and it is our job to make sure that your rights, and your future are protected. We are a small, but elite criminal defense firm that is able to give you the personal attention that your case deserves.
Washington Criminal Attorneys will be there for you and go to battle for your defense.