Washington law says you are guilty of the crime of residential burglary if you enter someone’s residence with the intent to commit a crime. The offense is charged as a felony (as opposed to a misdemeanor) and a conviction can result in a decade behind bars. Please contact a skilled criminal defense attorney now if you are facing any type of burglary charge in Washington State.
How Does Washington Law Define the Crime of Residential Burglary?
RCW 9A.52.025 is the Washington statute that sets forth the crime of residential burglary. Per this law, you commit a crime if you:
- Unlawfully enter or remain in a dwelling (other than a vehicle), and
- Do so with the intent to commit a crime against a person or property.
Please note that Washington criminal law defines a “dwelling” as any building or structure, or part of a building, that is used or ordinarily used for lodging. A “dwelling” includes movable or temporary structures (such as a tent).
What are the Penalties?
Residential burglary is a Class B felony under Washington law. A conviction is punishable by:
- Custody in state prison for up to 10 years, and/or
- A maximum fine of $20,000.
Can a Defendant Raise a Legal Defense?
Yes. You have the right to challenge a residential burglary charge with a legal defense. A common defense is for you to show that while you may have entered a dwelling, you did not do so with the intent to commit a crime. Here, though, know that even if you did not intend to commit a crime, you could still be guilty of trespass if you entered or remained in a dwelling without permission.
You can also challenge a charge by showing that you had consent or permission to enter someone’s dwelling.
Further, your criminal defense attorney can raise a defense that the police somehow violated your rights, maybe by:
- Arresting you without probable cause,
- Conducting an unlawful search and seizure, or
- Coercing a confession.
If any of the above, then your defense lawyer can try to have your charges reduced or dismissed.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge a residential burglary charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on a wide variety of burglary charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
* Main image at top by freepik
