In Washington, Residential Burglary is a Class B felony, punishable by up to 10 years. The standard range for a person with no criminal history is 3-9 months.
This basically means trespassing in a dwelling (house) with the intent to commit another crime in that dwelling. Residential Burglary is viewed as a more serious offense than Second Degree Burglary.
If you, or someone you care about, has been charged (or may be) with Residential Burglary in King County, Skagit County, Snohomish County, or Whatcom County, call Ashbach Law Offices, LLC today at (360) 659-4950 for a free, no-pressure case evaluation.In General
Burglary is defined as entering or remaining unlawfully in a building, combined with the intent to commit a crime against a person or property while inside. Vehicle Prowling is similar to burglary, defined in general as entering or remaining unlawfully in a vehicle, combined with the intent to commit a crime against a person or property while inside.
There are three distinct types of burglary allegations in Washington State: First Degree Burglary, Residential Burglary and Second Degree Burglary.
There are two degrees of Vehicle Prowling: First Degree Vehicle Prowling and Second Degree Vehicle Prowling.
“Entering” includes either the person entering, a body part entering or any instrument or weapon held in the person’s hand entering the building or vehicle.
It is the intent to commit another crime that distinguishes a Burglary charge from a Trespassing charge.
First Degree Burglary
First Degree Burglary is a Class A Felony. Assuming no other enhancements, a person convicted of this crime would be looking at prison sentence with a minimum range of 15-20 months. It is defined as Burglary where the actor or another participant was armed with a deadly weapon or assaulted another person.
Residential Burglary is a Class B Felony, with a minimum sentence of 3-9 months. It is simply burglary where the building involved was a dwelling (residence). Although it is a Class B Felony like Second Degree Burglary, Residential Burglary is punished more severely.
Second Degree Burglary
Second Degree Burglary is a Class B Felony. Assuming no other enhancements, a person convicted of this crime would be looking at a prison sentence with a minimum range of 1-3 months. It is defined as burglary in a building, in a manner that was not First Degree Burglary (without weapons or assault) and not Residential Burglary (not a dwelling).
Vehicle Prowling First Degree
Vehicle Prowling in the First Degree is a Class C Felony, with a maximum of five years in jail and/or a $5000 fine as punishment. There is no mandatory jail if a first-time offender is convicted. It is the unlawful entry into (or remaining in) a motor home or boat with permanently installed sleeping or cooking quarters, with the intent to commit a crime against a person or property while inside.
Vehicle Prowling Second Degree
Vehicle Prowling in the Second Degree is generally a gross misdemeanor. There is no mandatory jail, but it is punishable by up to 364 days in jail and/or a $5000 fine. It is the unlawful entering into (or remaining in) any vehicle not specified in Vehicle Prowling in the First Degree. It is only punishable as a felony if the person charged has two prior convictions for this same offense.
Ashbach Law Offices, LLC, aggressively represents clients throughout the Washington I-5 corridor, covering Skagit, Snohomish, King and Whatcom Counties. Regular courts of practice include, but are not limited to, Anacortes, Arlington, Bellevue, Bellingham, Blaine, Burlington, Edmonds, Everett, Issaquah, Lynnwood, Marysville, Monroe, Mount Vernon, Mountlake Terrance, Redmond, Seattle, Sedro Woolley and Shoreline.