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Burglary and Trespass

Revised Code of Washington Title 9A.52 covers Burglary, Trespass, Vehicle Prowling and Computer Trespass. Burglary is basically the unlawful entry into or remaining in a home or building. The unlawful entry or remaining in the home or building needs to be done with an intent to commit a crime. The intent to commit a crime will be inferred from the unlawful entry/remaining unless a satisfactory explanation can be presented. Residential Burglary (9A.52.025) involves a dwelling, Burglary in the Second Degree (9A.52.030) involves a building and Burglary in the First Degree (9A.52.020) involves use of a deadly weapon or an assault of any person. Depending on your criminal history, these three crimes can carry a significant amount of jail time pursuant to the Sentencing Reform Act (SRA). Padula & Associates has handled many of these types of cases and, depending on the circumstances, a reduction to a misdemeanor or a dismissal may be obtainable.

Criminal trespass involves unlawful entry or the remaining but lacks the intent to commit a crime. Criminal Trespass in the First Degree (9A.52.085 is a gross misdemeanor and involves unlawful entry/remaining in a building. Criminal Trespass Second Degree (9A.52.100 is a misdemeanor and involves unlawful entry/remaining upon premises of another.

Vehicle Prowling is the unlawful entry into a vehicle with the intent to commit a crime. First degree involves a motor home, and second degree involves a vehicle. First degree Vehicle Prowling is a class C felony while second degree Vehicle Prowling is a gross misdemeanor unless it is a third or subsequent conviction for Vehicle Prowling in the second degree. In those situations, it is a class C felony.

Computer Trespass (9A.52.110 and 9A.52.120 involves gaining access to another person’s computer system or electronic data base without authorization. If you gain unauthorized access with the intent to commit a crime it is Computer Trespass in the First Degree (9A.52.110 If you simply gain unauthorized access it is Computer Trespass in the Second Degree (9A.52.120

All of these crimes involved knowledge, intent or both. Since your mental state is important you should not make any statements to law enforcement that may document your knowledge or intent.

Additionally, statements that are not accurate can often be used to document your desire to conceal your consciousness of guilt. Accordingly, as with all criminal investigations, it is important to exercise your Constitutional right to remain silent until you consult with an attorney. Padula & Associates is knowledgeable and experienced in these areas of the law and available 24 hours a day, seven days a week.