Burglary

Burglary

Burglary generally involves a person entering and/or remaining in another person's property with the intent to commit a crime against a person or property. There are, however, three types of burglary in the State of Washington. They are: burglary in the first degree, burglary in the second degree, and residential burglary. All are considered felonies and are punishable by imprisonment and/or a fine.

Burglary in the First Degree:

According to RCW 9A.52.020, a person may be charged with burglary in the first degree if a person:

  • (1) Unlawfully enters and/or remains in another person's property
  • (2) With the intent to commit a crime against a person or his property; AND
  • (3) While entering or remaining in the property the actor or his accomplice is either (a) armed with a deadly weapon, OR (b) assaults a person.

This does not only include entering a home or other structure, but may also involve a car, boat or other such property.

Burglary in the first degree is a class A felony, which RCW 9A.20.021 defines as punishable by a maximum sentence of life in prison, a maximum fine of $50,000, or both. The court may require restitution instead of a fine.

Burglary in the Second Degree:

According to RCW 9A.52.030, a person may be charged with burglary in the second degree if a person:

  • (1) Unlawfully enters and/or remains in another person's property OTHER THAN a vehicle or dwelling
  • (2) With the intent to commit a crime against a person or his property.

Burglary in the second degree is a class B felony, which RCW 9A.20.021 defines as punishable by up to ten years in prison, a maximum fine of $20,000, or both. The court may require restitution instead of a fine.

Residential Burglary:

According to RCW 9A.52.025, a person may be charged with residential burglary if a person:

  • (1) Unlawfully enters and/or remains in another person's dwelling OTHER THAN a vehicle
  • (2) With the intent to commit a crime against a person or his property.

Residential burglary is a class B felony, which RCW 9A.20.021 defines as punishable by up to ten years in prison, a maximum fine of $20,000, or both. The court may require restitution instead of a fine. It is important to note that, even though residential burglary is in the same class as burglary in the second degree, it is considered a more severe offense.

Office Locations

Seattle
2033 Sixth Avenue,
Suite 350
Seattle, WA 98121

Seattle
1700 Seventh Avenue,
Suite 2100
Seattle, WA 98101

Office Locations

Bothell
19125 North Creek Parkway,
Suite 120
Bothell, WA 98011

Office Locations

Bellevue
10900 NE 8th Street,
Suite 1000
Bellevue, WA 98004

Bellevue
14205 S.E. 36th St.,
Suite 100
Bellevue, WA 98006