Burglary
Burglary is defined as the unlawful entry into or remaining within a building with the intent to commit a crime inside that building. A critical component of any burglary charge is the intent to commit a crime after the unlawful entry. The charges associated with the crime of Burglary are:
First Degree Burglary: This is the most serious charge that generally includes being armed with a deadly weapon or assaulting someone during the entry, while in the building, or during the exit from the building. It is considered a Class A Felony, and can result in up to life in prison and fines up to $50,000.
Second Degree Burglary: This charge generally means the defendant did not have a deadly weapon or assault anyone during the commission of the crime. It is a Class B Felony, and can lead to up to 10 years in prison and fines up to $20,000.
Residential Burglary: This is a charge for entering a residential dwelling (home, apartment, etc.) with criminal intent. It is a serious charge because of the vulnerability of any occupants inside the home at the time of the crime. It is considered a Class B Felony, and can result in up to 10 years in prison and fines up to $20,000.
Possession of Burglary Tools: This charge means a person either made or had in their possession a tool, such as a false key, pick lock, or bit, that would commonly be used for the commission of a burglary. The tools must be possessed with the intent to use them for a burglary or with the knowledge they are intended to be used for a burglary. This charge is a Gross Misdemeanor and can lead to up to 1 year in jail and up to a $5,000 fine.
Criminal Trespass
Trespass is defined as knowingly entering or remaining unlawfully on someone else's property. There are two degrees of criminal trespass in Washington State:
First Degree Trespass: The act of knowingly entering or remaining unlawfully inside a building. It is considered a Gross Misdemeanor and can lead to up to 1 year in jail and a fine of up to $5,000.
Second Degree Trespass: The act of knowingly entering or remaining unlawfully on other premises (not a building.) It is a Misdemeanor and can lead to up to 90 days in jail and fines up to $1,000.
Accidental entry into a building or onto a premise is not a punishable offense. The key is that the person must knowingly be on the property.
Trespassing is often a simple misunderstanding between parties. People can sometimes forget their badges, or their keys, or they do not see any signs barring them from being on public and/or private property. Regardless, Criminal Trespassing is not looked upon favorably by prospective employers, landlords or any other entities checking an individual’s background and criminal history.
The criminal defense attorneys at SQ Attorneys are dedicated to providing aggressive representation for those charged with Burglary or Trespass in Western Washington.
