Washington Residential Burglary Attorney
Have you been charged with Residential Burglary? Les us help you today!
In Washington, being charged with Residential Burglary can come with hefty fines and a record that can follow you for the rest of your life.
Washington Residential Burglary Charges and Penalties
What is the Statute?
The statute that deals with residential burglary is RCW 9A.52.025.
A person is guilty of residential burglary 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.
Definitions of “Enter” and “Enters or Remains Unlawfully”
The word “enter” includes the entrance of the person, or the insertion of any part of the person’s body, or
any instrument or weapon held in the person’s hand and used or intended to be used to threaten or intimidate
a person or to detach or remove property.
A person “enters or remains unlawfully” in or upon premises when he or she is not then licensed, invited, or otherwise privileged to enter or remain.
A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him or her by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner. Land that is used for commercial aquaculture or for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner. Similarly, a field fenced in any manner is not unimproved and apparently unused land. A license or privilege to enter or remain on improved and apparently used land that is open to the public at particular times, which is neither fenced nor otherwise enclosed in a manner to exclude intruders, is not a license or privilege to enter or remain on the land at other times if notice of prohibited times of entry is posted in a conspicuous manner.
Inference of Intent
In any prosecution for burglary, any person who enters or remains unlawfully in a building may be inferred to have acted with intent to commit a crime against a person or property therein, unless such entering or remaining can be explained by evidence satisfactory to the trier of fact to have been made without such criminal intent.
Other Crimes Committed During Burglary
A person who commits other crimes in the commission of a burglary may be punished for the other crimes as well as for the burglary, and may be prosecuted for each crime separately.
Making or Having Burglar Tools
If a person makes or possesses burglary tools, the person might also be charged with the crime of making or having burglar tools.
What is the Punishment?
Residential Burglary in the second degree is a class B felony. A class B felony is punishable by imprisonment in a state correctional institution for a maximum term of not more than 10 years, or by a fine in an amount fixed by the court of not more $20,000, or by both such imprisonment and fine.
Even as a Defendant of a Crime, you still have Rights! Make sure yours were not violated!
Even as an individual facing criminal charges, you have rights. It is important to know those rights and make sure that they were not violated in any way when you were arrested or charged. Without extensive knowledge of your rights when it comes to police searches, Miranda rights, and your rights when it comes to arrest, it is extremely difficult to get a dismissal or reduction of your charges. Do not try and fight these charges on your own, Weber Law is ready to help you today.
Contact Weber Law immediately if you’ve been arrested on a residential burglary charge. We offer a free confidential case evaluation – serving Seattle and the surrounding areas.
How can you fight it?
If you have been cited for Residential Burglary in Washington, there are a few ways Weber Law can fight for you. Whether it is negotiating to lower the charge to a lesser crime, reducing your fine amount or jail time, making sure the charge does not go on your record, or defending you at trial, Weber Law will work for you every step of the way. By looking at potential evidence such as security cameras, and eyewitness testimony, Weber Law will make sure to look at all the details of your case. At Weber Law, we are experienced in defending these types of charges, winning these types of cases, and getting you back to everyday life. If you or anyone you know has been cited with Residential Burglary in the state of Washington, call Weber Law today for a consultation.
RCW 9A.52.010 – Definitions
RCW 9A.52.025 – Residential burglary
RCW 9A.52.040 – Inference of intent
RCW 9A.52.050 – Other crime in committing burglary punishable
RCW 9A.52.060 – Making or having burglar tools
A Seattle, Washington Criminal Defense Attorney Can Help You
Weber Law will aggressively fight for your rights. Contact us today!
We believe that justice is an idea that can triumph only when living people make it so. We are dedicated to justice. We wish to run a business that is at once profitable while allowing us to promote the rights of our fellow community members. We will stand for the poor when they are in need and their cause is just. We will work for any responsible business. We will represent all races, creeds, religions, sexes, sexual orientations, and backgrounds.
810 3rd Avenue Suite 120, Seattle, WA 98104