Burglary Attorney in Everett

Washington Burglary Charges & Statutory Maximums

The charge level depends on the type of place involved and whether prosecutors allege a deadly weapon or an assault. Every burglary charge also requires proof of a criminal purpose connected to the alleged entry or presence.

First-Degree Burglary
RCW 9A.52.020 defines first-degree burglary as unlawfully entering or staying in a building while intending to commit an offense and either being armed with a deadly weapon or assaulting a person. It’s a class A felony with a statutory maximum of life in prison and a fine of up to $50,000.

Residential Burglary
RCW 9A.52.025 applies when the alleged conduct involves a dwelling, other than a vehicle, and the required criminal intent. The dwelling element distinguishes this charge from second-degree burglary.

Second-Degree Burglary
RCW 9A.52.030 applies to alleged unlawful entry into or presence in a building other than a vehicle or dwelling when accompanied by the required criminal purpose. This offense and residential burglary are class B felonies, each carrying a maximum of 10 years in prison and a fine of up to $20,000.

These penalties are statutory maximums, not predictions of the sentence in an individual case. Prosecutors may also charge burglary together with an alleged underlying offense, such as theft or assault.

Evidence & Legal Issues We Examine

Attorney Lawrence’s forensic analysis and investigative background informs our examination of the evidence and the assumptions behind the prosecution’s theory. Our review may address:

• Evidence: Whether physical evidence, witness accounts, surveillance material, and communications support the allegations.
• Intent: Whether the evidence establishes the required state of mind at the relevant time.
• Identity: Whether identification evidence, video, physical evidence, or other records reliably connect the accused person to the alleged conduct.
• Lawful Entry: Whether consent or legal authority permitted the person to enter the building or dwelling.
• Unlawful Remaining: Whether permission ended and the person knowingly stayed without authority.

RCW 9A.52.060 makes manufacturing or possessing burglary tools a separate offense. When that allegation accompanies a burglary charge, we evaluate the evidence supporting each offense independently.