A Burglary conviction can have serious long term ramifications. It is a felony and also considered a crime of dishonesty. It can impact your ability to get housing and employment. In the event you are charged with Burglary, you will need an attorney that is skilled in the court room and will be a zealous advocate for you. Many burglary charges arise as a result of misidentification, a misunderstanding or being held responsible for the actions of someone else (accomplice liability). The attorneys that work with the James Bible Law Group are highly skilled trial lawyers that are fully prepared to represent your interests. Burglary charges can come in many forms.
Burglary in the First Degree: Burglary 1 is what is commonly known as a strike offense. If you are convicted of three strike offenses you will be sentenced to life without the possibility of parole. Burglary 1 is also a class A felony. A person may be found guilty of Burglary 1 if the state proves the following beyond a reasonable doubt:
- 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 is
- (a) Armed with a deadly weapon, or
- (b) Assaults any Person
**It is possible to that the state can attempt to file weapons enhancements against you for a burglary charge if it is believed that a weapon was used as part of the commission of the offense.
Residential Burglary: Residential Burglary is a class B felony. A person can be found guilty of Residential Burglary if the State is able to prove beyond a reasonable doubt
- that the person entered and remained unlawfully with the intent to commit a crime against a person or property therein,’
- that the person entered or remained unlawfully in a dwelling other that a vehicle (entering into a vehicle typically is charged as vehicle prowl).
Burglary in the Second Degree: Burglary in the Second Degree is a class B Felony. In order for a person to be found guilty of Burglary in the Second Degree the state must prove that the person entered or remained unlawfully in a building other than a vehicle or a dwelling with the intent to commit a crime therein.
Criminal Trespass in the First Degree: This charge is a gross misdemeanor. The maximum penalty for Criminal Trespass in the First Degree is 364 days in jail and a $5000 dollar fine. Criminal Trespass involves entering or remaining unlawfully in a building. The difference between the burglary’ and Criminal Trespass in the first degree is that the person did not have the intent to commit a crime therein. There are times when Criminal trespass may be a reasonable plea bargain down from Burglary. Every case is different and you need a qualified attorney to help you through the process.
Criminal Trespass in the Second Degree: This charge involves knowingly entering or remaining unlawfully in or upon the premises of another under ‘circumstance not constituting criminal trespass in the first degree. Criminal trespass is a misdemeanor. The maximum penalty for a misdemeanor is 90 days in custody and a $1000 dollar fine.
In the event that you are being investigated for a crime you need to call our office ASAP. If you are being questioned by law enforcement you should immediately ask if you are free to leave. If you are informed that you are not free to leave then you should immediately demand your right to an attorney and exercise your right to remain silent. We look forward to the opportunity to assist you with your case. This office represents people all over Washington State.