Washington Burglary Laws

If you enter a building and take things that aren’t yours, you could end up facing a burglary conviction. Burglary charges in Washington are covered under Washington state law. They focus on more than just unlawful entry. The key issue is intent. A person commits burglary​ when they enter or remain unlawfully in a building or a dwelling, with the intent to commit a crime against a person or property inside. These can include such as theft and assault involving domestic violence.

Burglary is considered a serious offense under Washington criminal law and can lead to significant criminal charges. Read on to learn about possible penalties and defenses.

Key Washington Burglary Statutes

Washington burglary laws are found in the Revised Code of Washington​ (RCW 9A). The main statutes include:

• RCW 9A.52.020​ (first-degree burglary)
• RCW 9A.52.030​ (second-degree burglary)
• RCW 9A.52.025​ (residential burglary)
• RCW 9A.52.060​ (possession of burglary tools)

Possession of burglary tools is often paired with one of the other charges, but it can also stand alone.

Important Legal Definitions

Understanding a few key terms can make Washington burglary laws easier to follow. “Unlawful entry” means entering or remaining in a place without permission. A “building” can include businesses, offices, and storage units. A “dwelling” refers to a place where someone lives, such as a home or apartment.

A “deadly weapon” includes a firearm or any other object that could cause death or substantial bodily harm under the circumstances. The term “intent” refers to the purpose to commit a crime inside. This is often the most contested issue in burglary cases.

Elements of Burglary Offenses

To prove most burglary offenses in Washington state, prosecutors must establish two main elements. First, there must be an unlawful entry or unlawful remaining in a building or dwelling. Second, the person must have intended to commit a crime inside at the time of entry or while remaining.

For more serious charges, such as first-degree burglary, the state must also prove additional factors. These include being armed with a deadly weapon or committing an assault during the incident.

If prosecutors cannot prove intent beyond a reasonable doubt​, the burglary charge may not stand. In some cases, it may be reduced to a lesser offense like criminal trespass​.

Types of Burglary Charges in Washington

Penalties for burglary in Washington state depend on the type of burglary and the person’s criminal history. While statutes set maximum penalties, state courts use sentencing guidelines to determine the actual sentence. As burglary is considered a serious offense, even a first conviction can result in long prison time.

First-Degree Burglary

First-degree burglary is the most serious burglary offense. It requires that the person was armed with a deadly weapon and/or assaulted someone during the burglary. It’s charged as a Class A felony, carrying the possibility of life in prison and fines of up to $50,000. Due to the involvement of violence or weapons, the punishments are likely to be severe.

Residential Burglary

Residential burglary involves entering or remaining in a dwelling without permission, with the intent to commit a crime inside. Because it involves a home, it is treated more seriously than many other property crimes. Residential burglary is separate from first-degree burglary, even though both can involve dwellings. First-degree burglary requires the additional element of a weapon or assault. Charges fall under a Class B felony, punishable by up to 10 years in prison and fines of up to $20,000.

Second-Degree Burglary

Second-degree burglary applies to unlawful entry into buildings that are not homes or vehicles, such as stores or offices. The key factor is still the intent to commit a crime inside. This is also a Class B felony, with penalties of up to 10 years in prison and fines of up to $20,000.

Burglary Tools

Washington law also makes it illegal to possess or create burglary tools. This includes items such as lock picks or false keys intended to be used to break into a building. This offense is classified as a gross misdemeanor. It can result in up to 364 days in jail and fines of up to $5,000. The key issue is whether the person intended to use the tools to commit a crime.

Possible Defenses To Burglary

Defenses to burglary often focus on intent. A common defense is arguing that there was no intent to commit a crime. For example, a person may have entered a building for shelter or by mistake.

Consent is another possible defense. If the person had permission to enter, then the entry was not unlawful. Mistaken identity may also apply if the wrong person is accused.

Entrapment can be raised if law enforcement pressured someone into committing a crime they would not otherwise have committed. In all cases, the prosecution must prove each element beyond a reasonable doubt.

Related Criminal Charges

Burglary is often charged along with other crimes. A person may face additional charges for theft, robbery​, assault, or domestic violence​ if those acts occurred during the incident. These are separate criminal charges and can increase the overall penalties.

When To Contact a Criminal Defense Lawyer

Whether you’re facing burglary charges a city like Seattle or a small town near the coast, speaking with a skilled Washington state criminal defense attorney​ is a good idea. An experienced attorney can review the evidence, challenge whether the prosecution can prove intent, and work to reduce or dismiss charges. Consider contacting a defense firm as soon as possible to protect your rights and build a strong case.