Burglary and residential burglary charges are very serious felony offense with significant consequences. An arrest and conviction may include prison time, loss of firearm rights, loss of voting rights, immigration consequences, that you provide a biological sample for DNA identification analysis, etc. Because Burglary and Residential Burglary charges are often in the media, there is often a policy within the prosecutor’s office for very stiff punishments. You need an experienced and aggressive lawyer who can help navigate you through this difficult time.
In the most basic sense, the definition of burglary is to commit a criminal trespass plus any other crime. (Trespass + Any other Crime = Burglary). The State must prove, beyond a reasonable doubt, that you acted with intent during the commission of the crime. Ms. Odama has seen the State charge a juvenile with Burglary when they entered unlawfully into a building and then drank alcohol thereby committing the additional crime of Minor in Possession of Alcohol. Therefore, because the juvenile was trespassing and committing Minor in Possession, he was charged with Burglary.
Burglary First Degree means to (1) act with intent to commit a crime against a person or property therein, (2) to enter or remain unlawfully in a building, and (3) the actor or another participant in the crime is armed with a deadly weapon or assaults any person therein. Burglary First Degree is a Class A, violent felony and is considered a Strike Offense. RCW 9A.52.020
Residential Burglary is when (1) with intent to commit a crime against a person or property therein, (2) the actor enters or remains unlawfully in a dwelling other than a vehicle. Residential Burglary is a Class B, nonviolent, felony and is considered a more serious offense than Burglary Second Degree.
Burglary Second Degree means to (1) act with intent to commit a crime against a person or property therein and (2) the actor enters or remains unlawfully in a building other than a vehicle or dwelling. Burglary Second Degree is a Class B, nonviolent, felony. RCW 9A.52.030.
Ms. Odama is an aggressive litigator with a proven track record. She has successfully litigated many Burglary cases and has obtained successful results. It is very important to have an experienced attorney who understands the complex nature of these crimes.