Burglary is defined in Washington State as entering or remaining unlawfully in a building of another with the intent to commit a crime against a person or property. Most defendants are charged with burglary in the 2nd degree, unless a gun was used or unless the defendant assaulted someone in the commission of the crime.
In some cases the prosecution can attempt to charge a person for 2nd Degree Burglary when the true offense committed was actually a lesser charge. In some cases when a person shoplifts at a store they have been previously "trespassed" from they can be charged with 2nd Degree Burglary.
Burglary in the 2nd degree
(1) A person is guilty of burglary in the 2nd, with intent to commit a crime against a person or property, he or she enters or remains unlawfully in a building other than a vehicle or a dwelling.
- Classified as a Class B Felony
- Value of property is $5000+
- Max. jail time is 10 years
- Maximum fine is $20,000
- Standard sentencing range for 1st offense 30-90 days
Burglary in the 1st degree.
(1) A person is guilty of burglary in the 1st degree if, he or she enters or remains unlawfully in a building or home and if, in entering or while in the building or in immediate flight therefrom, (1) is armed with a gun or deadly weapon, or (2) assaults a person.
(2) Burglary in the first degree is a class A felony.
- Classified as a Class A Felony
- Value of property is $5000+
- Max. jail time is life in prison
- Maximum fine is $50,000
