Statutes

• Wash. Rev. Code Section 9A:52.025 (Residential Burglary)
• Wash. Rev. Code Section 9A:52.020 (First Degree Burglary)
• Wash. Rev. Code Section 9A:52.030 (Second Degree Burglary)
• Wash. Rev. Code Section 9A:52.060 (Making/Possessing Burglary Tools)

Burglary Charges

First Degree Burglary

• Elements of the crime: The individual enters or unlawfully remains in a building with the intent to commit a crime while being armed with a deadly weapon or assaulting any person.
• Penalty: Punishable by a maximum life sentence and fines up to $50,000. (Class A felony)

Second Degree Burglary

• Elements of the crime: With the intent to commit a crime against a person or property, the individual enters or remains unlawfully in a building other than a vehicle or a dwelling.
• Penalty: Punishable by incarceration for up to 10 years and fines up to $20,000. (Class B felony)

Residential Burglary

• Elements of the crime: With the intent to commit a crime against a person or property, the person enters or remains unlawfully in a dwelling other than a vehicle.
• Penalty: Punishable by incarceration for up to 10 years and fines up to $20,000. (Class B felony)
• In establishing sentencing guidelines, residential burglary is considered a more serious offense than second degree burglary.

Manufacturing/Possession of Burglary Tools

• Elements of the crime: If an individual makes or has tools such as false keys, lock picks.
• Penalty: Punishable by up to 1 year in jail. (Gross misdemeanor)

Other Crimes Committing During Burglary

An individual who (in the commission of a burglary) commits any other crime can be charged for the other crime and for the burglary as separate offenses.

Possible Defenses

• Lack of intent to commit a crime
• Consent
• Entrapment

Related Offenses

Criminal Trespass

• Section 9A:52.070 (first degree)
• Section 9A:52.080 (second degree)

Vehicle Prowling

• Section 9A:52.095 (first degree)
• Section 9A:52.100 (second degree)