Burglary

Definitions and Applicable Law


Burglary

 

 

Burglary in the First Degree - RCW 9A.52.020

  • 1. A person is guilty of burglary in the first degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a building and if, in entering or while in the building or in immediate flight therefrom, the actor or another participant in the crime
    • a. Is armed with a deadly weapon, or
    • b. Assaults any person.
  • 2. Burglary in the first degree is a class A felony.

The word "ENTER" shall include the entrance of the person, or the insertion of any part of his body, or any instrument or weapon held in his 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 is not then licensed, invited, or otherwise privileged to so enter or remain.

The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.

For a conviction of Burglary in the First Degree:

  • An offender score of zero establishes a range of 15 to 20 months in prison.
  • An offender score of nine establishes a range of 87 to 116 months in prison.

A firearm enhancement would add 60 months on to the end of a standard range sentence.

A deadly weapon enhancement would add 24 months on to the end of a standard range sentence.

 

 

Burglary in the Second Degree - RCW 9A.52.030

  • 1. A person is guilty of burglary in the second degree 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.
  • 2. Burglary in the second degree is a class B felony.

The word "ENTER" shall include the entrance of the person, or the insertion of any part of his body, or any instrument or weapon held in his 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 is not then licensed, invited, or otherwise privileged to so enter or remain.

The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.

For a conviction of Burglary in the Second Degree:

  • An offender score of zero establishes a range of 1 to 3 months in jail.
  • An offender score of nine establishes a range of 51 to 68 months in prison.

A firearm enhancement would add 36 months on to the end of a standard range sentence.

A deadly weapon enhancement would add 12 months on to the end of a standard range sentence.

 

 

Residential Burglary - RCW 9A.52.025

  • 1. 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.
  • 2. Residential burglary is a class B felony.

The word "ENTER" shall include the entrance of the person, or the insertion of any part of his body, or any instrument or weapon held in his 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 is not then licensed, invited, or otherwise privileged to so enter or remain

DWELLING means any building or structure, though movable or temporary, or a portion thereof, that is used or ordinarily used by a person for lodging.

The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.

For a conviction of Residential Burglary:

  • An offender score of zero establishes a range of 3 to 9 months in jail.
  • An offender score of nine establishes a range of 63 to 84 months in prison.

A firearm enhancement would add 18 months on to the end of a standard range sentence.

A deadly weapon enhancement would add 6 months on to the end of a standard range sentence.

 

 

Criminal Trespass in the First Degree - RCW 9A.52.070

  • 1. A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a building.
  • 2. Criminal trespass in the first degree is a gross misdemeanor.

The maximum penalty for Criminal Trespass in the First Degree is 365 days in jail and a $5000 fine. The sentencing judge is not required to impose a minimum sentence.





Criminal Trespass in the Second Degree - RCW 9A.52.080

  • 1. A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.
  • 2. Criminal trespass in the second degree is a misdemeanor.

The maximum penalty for Criminal Trespass in the Second Degree is 90 days in jail and a $1000 fine. The sentencing judge is not required to impose a minimum sentence.



 

Tim@LearyDefense.com
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Seattle, WA 98101

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Timothy John Leary
Timothy John Leary
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