Burglary, generally, is entering or remaining unlawfully in a building or dwelling. The degrees of Burglary are differentiated by factors like: (1) whether a weapon was used; (2) whether an assault was committed as part of the Burglary; and, (3) whether the building involved was a residence.
Burglary in the First Degree, A Class A Felony, is the entering or remaining unlawfully in a building, either: (1) using a deadly weapon; or, (2) assaulting someone in the commission of the Burglary. A standard sentence for someone with no criminal history convicted of Burglary 1 would be 15-20 months in prison. Sentencing enhancements can increase this sentencing range dramatically.
Burglary in the Second Degree is entering and remaining unlawfully in a building, other than a vehicle or dwelling, with the intent to commit a crime therein. A standard sentence for Burglary 2 for someone with no criminal history would be in the range of 1-3 months. Again, sentencing enhancements can increase this range dramatically.
Residential Burglary, a Class B Felony, is entering or remaining unlawfully in a dwelling, with the intent to commit a crime therein. Washington law mandates that Residential Burglary is treated more seriously than Burglary 2, so a standard range sentence for a convicted person with no criminal history would typically be 3-9 months. Again, beware of sentence enhancements.
The description above is intended as a general overview, not legal advice specific to your case. If you have been charged with Burglary – or think you might be – contact an experienced Snohomish County Felony Burglary Attorney to discuss your options and evaluate your case.