Residential Burglary In Washington
Definition of Residential Burglary
RCW 9A.52.025 defines a Residential Burglary as the following:
Entering or unlawfully remaining in a dwelling
With the intent to commit a crime within
This charge is a Class B felony.
A Burglary does not have to involve a Theft
Most people believe that the charge of Burglary has something to do with a theft, but that is not necessarily the case. People can be charged with Burglary without ever stealing or intending to steal anything at all. Burglary is a property crime as it does have to do with allegations of unlawfully gaining entrance to a building. However, a Burglary can be charged under RCW Chapter 9A.52 when a person enters a building with the intent to commit any crime inside, not just a theft.
Residential Burglary and No Contact Orders
Residential Burglary is often charged in cases of Violating a No Contact Order, although some people find it shocking that a charge for Burglary can stem from something like this. As outlined above, a Burglary does not have to involve a theft, only the attempt to commit a crime. Therefore, if you have a No Contact Order in place prohibiting you from contacting a person or entering their home, you can be charged with Burglary for entering their property in violation of that order. This is because violating the order is the underlying crime you intended to commit upon entering, which meets the definition of a Burglary. These crimes are regularly charged as Domestic Violence, which you can read more about here.
Burglary In Washington
Burglary
Definition of Burglary
Most people believe that the charge of Burglary has something to do with a Theft, but that is not necessarily the case. Someone can be charged with Burglary without ever stealing or intending to steal anything at all. Burglary is a property crime as it does have to do with allegations of unlawfully gaining entrance to a building. However, a Burglary can be charged under RCW Chapter 9A.52 when a person enters a building with the intent to commit any crime inside, not just a theft. The definition of this charge is outlined in more detail below as we break down both Burglary in the Second Degree and Burglary in the First Degree. Read on to learn more about each.
Burglary involves allegations of either entering or remaining unlawfully in a building. So understanding these definitions is important to understanding whether or not a Burglary charge can be established.
Definition of Entering
Under RCW 9A.52.010, “entering” is defined as: The entrance of any part of your body or an instrument you are holding that is used or intended to be used to threaten, intimidate or detach or remove property. This means that as soon as you or an object you are holding to accomplish the burglary crosses into the threshold of the building, the “entering” element of this charge has been established.
Definition of Unlawfully Remaining
Under RCW 9A.52.010, “unlawfully remaining” is established if you are on the premises of a property and have not been licensed, invited, or otherwise permitted to be there.
This also includes the following situations:
Being in a public building, but entering into a restricted are you are not permitted to be in
Overstaying beyond the period of time you are lawfully allowed to remain
Entering into fenced in or improved property
Entering upon apparently unused land where you have been told it would be trespassing, or conspicuous signage declares as such
Robbery In Washington
Robbery
Definition of Robbery
Because Robbery is a crime with multiple offenses that slightly differ in their definitions and requirements, it is important to first understand the definition of a Robbery. With any crime, the prosecutor must prove every element of that crime beyond a reasonable doubt. The below definition outlines what each element is that must be proven.
RCW 9A.56.190 defines Robbery as follows:
Unlawfully taking personal property
Either:
From their (or another’s) person; or
In their presence against their will by
use or threat of immediate force,
violence, or
fear of injury to the person, their property or the person or property of anyone.
What level of force?
According to RCW 9A.56.190 degree of the force does not matter, therefore it can be very minimal. The force or fear must be used to:
Obtain or retain possession of the property
Or prevent or overcome resistance to the taking
In fact, according to the law the person this force was used against does not even have to be aware of that force, if their knowledge of it was prevented because of the force or fear used. This differs from an Assault, which requires the person to have fear or apprehension.
Two Degrees of Seriousness
In Washington some crimes have multiple degrees of seriousness, and this is one such charge. Robbery has two degrees of seriousness, with First Degree being the most serious. Both are discussed below.
Vehicle Prowling In Washington
Vehicle Prowling
Definition of Vehicle Prowling
Vehicle Prowling is a charge that often accompanies charges related to vehicle theft. These offenses are charged when someone is inside a vehicle without permission and the facts indicate they were intending to commit a crime.
Two Degrees of Seriousness
In Washington some crimes have multiple degrees of seriousness, and this is one such charge. Vehicle Prowling has two degrees of seriousness, with First Degree being the most serious. Both are discussed below.
Read more on each below.
Vehicle Prowling in the Second Degree
Vehicle Prowling in the First Degree
Possession Of A Stolen Vehicle In Washington
Possession of a Stolen Vehicle
Definition of Possession of a Stolen Vehicle
RCW 9A.56.068 simply defines this charge as being in possession of a stolen vehicle. This is a Class B felony. However, the definition of this charge is more complicated as it depends on the definitions of both possession and whether it is knowing. WPIC 77.21 outlines the elements of this charge that must be proven beyond a reasonable doubt to convict someone of this charge. Each of these elements must be proven beyond a reasonable doubt. This definition of possessing a stolen motor vehicle is:
To knowingly
Receive, retain, possess, conceal, or dispose of
A stolen motor vehicle
Knowing that it has been stolen; and
To withhold or appropriate the same to the use of any person other than the true owner or person entitled thereto.
What this definition actually means
What this means is that first, your possession of the vehicle had to be knowing, so for example if a third party dumped a stolen vehicle on your property without your awareness of it, that would not be a knowing possession. The vehicle also had to be stolen, and there needs to be evidence that you knew it was stolen. So for example, if a friend asked to store their car on your property and you believed they lawfully owned that car, then you had no knowledge the vehicle was stolen. Even if someone told you the car was stolen but it was not in fact a stolen car, then this element cannot be proven. Lastly, this requires that you acted to appropriate the true owner of the car of its use by possessing it - this would even encompassing “borrowing” the vehicle, as the owner would not be free to use the vehicle during the time it was borrowed if they had wanted to which interferes with their legal right to use it.
Taking A Motor Vehicle Without Permission In Washington
Taking a Motor Vehicle without Permission
Definition of Taking a Motor Vehicle without Permission
Unlike Theft of a Motor Vehicle, this charge does not require the person charged to have intended to deprive the owner of their property, simply taking that vehicle without permission, even with the intent to return it is sufficient. Taking a Motor Vehicle without Permission is often charged when a family member or friend borrows someone vehicle without asking.
Two Degrees of Seriousness
In Washington some crimes have multiple degrees of seriousness, and this is one such charge. Taking a Motor Vehicle without Permission has two degrees of seriousness, with First Degree being the most serious. Both are discussed below.
Read more on both below.
Taking a Motor Vehicle without Permission in the Second Degree
Taking a Motor Vehicle without Permission in the First Degree
Theft Of A Motor Vehicle In Washington
Theft of a motor vehicle
Definition of Theft of a Motor Vehicle
First, we must review the definition of theft. Under RCW 9A.56.020, Theft is defined as:
Wrongfully obtaining or exerting control over,
The property of or services (or value of) of another,
With the intent to deprive that person of the property
Theft of a Motor Vehicle can be charged under RCW 9A.56.065, when the alleged theft is of a motor vehicle. This charge is a Class B felony.
Potential Outcomes for a charge of Theft of a Motor Vehicle
As a Class B felony, this charge carries serious consequences. A good outcome on a felony charge such as this could range from getting a dismissal of your case, a reduction to a misdemeanor, or reducing the jail or prison time. Your options will depend on the facts of the case and your history. For a personalized consultation, contact us here.
Potential punishments for a conviction for a Class B felony range as follows:
0-10 years of prison (this may vary dependent upon your offender score, history, and charges)
Fines of $0-$20,000
Probation or DOC Supervision if you serve time in the Department of Corrections.
Restitution
Classes or Treatment
Motor Vehicle Theft In Washington
Motor Vehicle Theft charges
What qualifies as a motor vehicle in Washington?
Most cases involving motor vehicles involve cars and trucks. However, Washington has a much broader definition of motor vehicles than many people realize. Which means you could be charged with motor vehicle offenses involving “vehicles” you may not expect. In fact in State v Barnes, a man in Washington was once charged with Theft of a motor Vehicle for the theft of a lawnmower - which lead to the Court of Appeals decision that a lawnmower does not count as a motor vehicle. Theft charges typically exclude things like golf carts and bicycles, however there are situations where you can face criminal charges involving a vehicle like a golf cart, depending on what the charge is. We have handled cases where clients were facing jail time for allegations involving driving a golf cart, so this can actually happen to people as surprising as it may sound.
A motor vehicle is defined by RCW 46.04.670 as:
A device capable of being driven on the highway; or
Property upon which persons or property may be transported on a highway
What are the charges for vehicle theft in Washington?
In Washington there are specific charges relating to allegations of theft and the possession of motor vehicles. There are also specific charges for situations that often accompany allegations of motor vehicle theft, for example vehicle prowling. These offenses vary greatly in what it takes for the State to prove these charges and convict you, as well as what the potential punishments can be. Therefore, we have articles addressing each of these common charges specifically.
Click on a charge below for more information:
Theft of a Motor Vehicle
Taking a Motor Vehicle without Permission (in the First or Second Degree)
Possession of a Stolen Vehicle
Vehicle Prowling
Theft In Washington
What are the different charges of Theft?
There are many charges classified as theft offenses
There are many crimes that fall under the umbrella of theft offenses in Washington, which you can find more about here. There are charges that apply to specific types of theft situations. However, this article reviews the general charge of “Theft” which has several classifications.
The three degrees of Theft in Washington
The general charge of Theft In Washington has three varying levels of seriousness ranging from misdemeanor to felony as outlined below. These levels are primarily differentiated by the value of the alleged theft. Read more about each below.
Theft in the Third Degree
Theft in the Second Degree
Theft in the First Degree
Read more on each!
Theft Offenses In Washington
What are Theft Offenses in Washington?
In Washington there are different theft offenses for different situations, and they range from misdemeanors to felonies. In Washington State some offenses have different levels of classifications, with the most serious classifications having the most serious consequences. For example a regular Theft charge has three different degrees of seriousness, Theft in the Third Degree being the least serious, and Theft in the First Degree being the most.
Here is a list of Common Washington Theft Offenses:
Read more about a charge by clicking on it below:
Theft:
Theft in the Third Degree
Theft in the Second Degree
Theft in the First Degree
Motor Vehicle Theft Offenses:
Theft of a Motor Vehicle
Possession of Stolen Vehicle
Taking a Motor Vehicle without Permission (in the First or Second Degree)
Making or Possessing Motor Vehicle Theft Tools
Vehicle Prowling
Possession of Stolen Property (in the First or Second or Third Degree)
Extortion (in the First or Second Degree)
Robbery (in the First or Second Degree)
Burglary
Residential Burglary
Firearm Theft Offenses
Theft of a Firearm
Possession of a Stolen Firearm
Fraud Charges
Financial Fraud
Possession of Another’s Identification
Unlawful Issuance of Checks or Drafts
Mail theft
Retail Theft
Criminal Defense on Whidbey Island, Washington
HOW WE CAN HELP WITH YOUR WHIDBEY ISLAND CRIMINAL CASE
We have experience and a good reputation in this community
I lived on Whidbey Island, and began my career as an attorney as a public defender in Island County from misdemeanors in the District Court to the most serious Felony cases in Superior Court. Because of that experience, I spent every day in the courts and jails of Island County. I understand the expectations and preferences of the judges, and I know what you need to do to be able to navigate the Island County legal system through the jails and courts.
I have handled a wide variety of cases in this county, including through a successful win at trial. I have also helped clients get into diversion programs, including working with the Island County Drug Court program. I can help you achieve the absolute best outcome for your case, no matter the seriousness.
As an attorney in this community I am known for fiercely advocating for my clients, but also being a professional who my peers enjoy working with, even when we are adversaries. This is how I get the best results for my clients, by fighting for you and being a trusted and hardworking legal professional.
We believe in the work that we do
I truly got into criminal defense because I care about helping people. As an attorney I don’t believe that being a tough adversary in the courtroom comes at the cost of compassion. I am here to walk you and your family through the most difficult time in your life, and help you look at the whole picture. People are far more than just the things they have been accused of, my job is to listen to you and tell your story while helping you get your best possible outcome.
Stalking in Washington
Stalking
What is Stalking?
Under RCW Chapter 9A.46.110, Stalking may be charged when the allegations are as follows:
Without lawful authority, you have:
Intentionally and repeatedly harassed someone
Intentionally and repeatedly followed someone
Intentionally contacted, followed, tracked, or monitored, someone after being given actual notice that person does not want them to; or attempted to do so
Knowingly and without consent installed or monitored an electronic tracking device to track the location of another person
And the person subject to this suffers substantial emotional distress or fear that the stalker intends to injure them, another person, or their property or another’s property
What actually is substantial emotional distress or fear?
Substantial emotional distress or fear is measured by what a reasonable person in the same situation would experience given the totality of the circumstances.
In the case of using a tracking device, under this law he victim's knowledge of the tracking device is considered to be sufficient to have reasonably elicited substantial emotional distress or fear.
Criminal Mistreatment
Criminal Mistreatment
What is Criminal Mistreatment?
In Washington State charges for child abuse, neglect, and endangerment as well as elder abuse all fall within the charges of Criminal Mistreatment, of which there are several different levels. The offenses of Criminal Mistreatment are outlined RCW chapter 9A.42. In Washington, some crimes have different levels of classifications of crimes, with the most serious classifications having the most serious consequences. Criminal Mistreatment is one of these, and it has four different degrees of seriousness, Criminal Mistreatment in the Fourth Degree being the least serious, and Criminal Mistreatment in the First Degree being the most. These charges range from misdemeanors to felonies, read more on each below.
What are the different charges of Criminal Mistreatment?
Criminal Mistreatment in the Fourth Degree
This offense is a misdemeanor
Punishments for a misdemeanor range as follows:
0-90 days of jail
fines of $0-$1000
Criminal Mistreatment in the Third Degree
This offense is a gross misdemeanor
Punishments for a gross misdemeanor range as follows:
0-364 days of jail
fines of $0-$5000
Criminal Mistreatment in the Second Degree
This offense is a Class C felony
Punishments for a Class C felony range as follows:
0-5 years of prison (this may vary dependent upon your offender score, history, and charges)
fines of $0-$10,000
Criminal Mistreatment in the First Degree
This offense is a Class B felony
Punishments for a Class B felony range as follows:
0-10 years of prison (this may vary dependent upon your offender score, history, and charges)
fines of $0-$20,000
Kidnapping In Washington
Kidnapping
What qualifies as Kidnapping?
In Washington State there are different levels of classifications of crimes, with the most serious classifications having the most serious consequences. Kidnapping has two levels of seriousness, with Kidnapping in the First Degree being the most serious, and Kidnapping in the Second Degree being the lesser. Both charges require an allegation that a person has been abducted.
Abducting is defined as:
Restraining by either secreting (hiding) or holding a person (physically restraining them)
Without that person’s consent
There must be some evidence that the defendant in fact limited the victim's liberty. (State v. Dillon, 163 Wn.App. 101, 257 P.3d 678 (2011))
If not all of these elements are met you cannot be found guilty. So it must be proven beyond a reasonable doubt that you both restrained the person, and it was against there consent, along with the other elements discussed for each particular charge below.
Unlawful Imprisonment In Washington
Unlawful Imprisonment
What qualifies as Unlawful Imprisonment?
Under RCW 9A.40.040, Unlawful Imprisonment is a crime that can be charged if you knowingly restrain another person. It is a Class C felony. This charge often arises as a lesser charge of Kidnapping, which requires more than just restraining a person. The definition of “restraining” someone has the following basic elements, all of which must be proved beyond a reasonable doubt to convict you of this charge:
restricting a person’s movement
without that person’s consent
without legal authority
in a manner that interferes with that person’s liberty
If not all of these elements are met you cannot be found guilty. So for example, if you restrained another person from stepping off of a curb so they would not get hit by oncoming traffic, then you would not meet these elements as you would likely have done so believing you had lawful authority (to save them from harm) and it would likely not be seen as interfering with their liberty for the same reason.
Malicious Mischief in Washington
Malicious Mischief
What is Malicious Mischief?
Malicious Mischief is a charge that relates to the damage or destruction of property, although it may not be clear by the name of the charge. Malicious Mischief charges require that the damage was done knowingly and maliciously at a minimum. In Washington State there are different levels of classifications of crimes, with the most serious classifications having the most serious consequences. Malicious Mischief has three different degrees of seriousness, Malicious Mischief in the Third Degree being the least serious, and Malicious Mischief in the First Degree being the most.
What makes Malicious Mischief a misdemeanor or a felony?
It generally comes down to the dollar value of the amount of damage that is allegedly caused. Although there are some circumstances other than the value that can make this charge a felony. See below.
Malicious Mischief in the Third Degree (Gross Misdemeanor) RCW 9A.48.090
This charge is a gross misdemeanor
If damage is valued at $750 or less
Malicious Mischief in the Second Degree (Class C Felony) RCW 9A.48.080
If the damage is valued at over $750
If damage was done to an emergency, public utility or public transportation vehicle that created a risk of interrupting a public service
If damage was done to a ballot box that created a risk of interrupting public services
Malicious Mischief in the First Degree (Class B Felony) RCW 9A.48.070
If the damage is valued at over $5,000
If damage was done to an emergency, public utility or public transportation vehicle that actually caused an interruption of a public service
If damage was done to a ballot box that actually caused an interruption of public services
If the damage was done to an aircraft or aircraft equipment, and caused an impairment to the safety, efficiency, or operation of it.
Violating a No Contact Order in Washington
Violating a no contact order
Violation of a court order is usually a misdemeanor, but can be charged as a felony
Violating a No Contact Order in Washington State is a gross misdemeanor under RCW chapter 9A.46.080. However, there are circumstances that can make this offense chargeable as a felony. A violation of a no contact order may be charged as a felony if these circumstances apply:
The violation of the no contact order is alleged to have been paired with an assault
If you have two prior convictions for violation of a no contact order
If you go inside a home you are prohibited from entering by a no contact order, it can be charged as a residential burglary
What it means to violate a court order
There are two types of No Contact Orders:
Civil, which are the result of a request by the victim at a civil hearing in which you can appear and dispute the issuing of the order
Criminal, which are standard issue in criminal cases and can be issued even over the victim’s objections.
When the court issues a No Contact Order or other anti-harassment order it comes with set conditions of what type of contact is not allowed. When an order says no contact, it means no contact. Some courts may provide exceptions (for example to exchange children pursuant to a custody agreement), but those exceptions would be listed in the order itself. When a No Contact Order has been issued you cannot contact the protected party in person, through electronic means, or pass messages through a third party. The order can also restrict you from going to places such as the victim’s residence, place of work, or school - this can result in removing people from their own home if the alleged victim also lives there. They also usually come with a distance provision of how far away from the victim you must stay - which means should you run into the protected party somewhere in public you are required to leave immediately.
Interfering With The Reporting Of Domestic Violence In Washington
INTERFERING WITH REPORTING A DOMESTIC
What is required to charge you with interfering with the reporting of domestic violence?
Interfering with a report for domestic violence is made a crime under RCW chapter 9A.36.150. This crime can be charged when you have been accused of a crime of domestic violence, and are also accused of interfering or attempting to interfere with the alleged victim making a report of the crime to 911 for either law enforcement intervention or medical services.
Domestic Violence Charges
As you can see, the commission of a domestic violence offense is an element of this crime, so to be charged with this offense you must have also been accused of committing a crime of domestic violence. Many types of crimes can be charged as a domestic violence offense. The term “Domestic Violence” is a legal term, it is not a description of a type of crime. If a crime is labeled as domestic violence, it means that there is a relationship between the parties; which can be a dating, roommate, or familial relationship. For a detailed overview of what makes a charge a domestic violence charge, and what the consequences are, please read our article on them, here.
Disorderly Conduct in Washington
DISORDERLY CONDUCT
Disorderly Conduct in Washington State is a misdemeanor defined by RCW chapter 9A.84.030. Disorderly conduct is often charged when someone is creating a public disturbance, or as a lesser for other more serious charges like Assault.
What is Disorderly Conduct?
There are many ways a person might end up charged with disorderly conduct. It often happens when someone is accused of being disruptive, aggressive, or offensive. Here is a list according to the law of what situations can lead to a charge of disorderly conduct:
Using abusive language and creating a risk of assault
Intentionally disrupting a lawful assembly or meeting
Intentionally obstructing vehicular or pedestrian traffic without lawful authority
Intentionally engaging in fighting, tumultuous conduct or making unreasonable noise, within five hundred feet of: a funeral, funeral home or a burial
Assault Charges In Washington
Assault Charges
Assault in Washington State is governed by RCW chapter 9A.36. In Washington, there are different levels of classifications of crimes, with the most serious classifications having the most serious consequences. Assault has four different degrees of seriousness, Assault in the Fourth Degree being the least serious, and Assault in the First Degree being the most.
Domestic Violence Assault Charges
Assault charges are often charged as domestic violence charges. This is because there is often a relationship between the person being charged and the alleged victim. Domestic violence does not define what the offense is, it only is a designator of a relationship between the parties which can be a dating, roommate, or familial relationship. For a detailed overview of what makes a charge a domestic violence charge, and what the consequences are, please read our article on them, here.
What is an Assault?
In Washington, an assault is defined as: an intentional touch or strike with unlawful force that is harmful or offensive; OR placing someone in reasonable fear or apprehension that such will occur. This means that an assault can charged when you touch someone or a harmful or offensive way, but also just if you have placed them in reasonable fear of it happening, even if it did not. Note that this definition in itself does not actually require harm to be caused. Intent can also transfer. For example, if you meant only to scare the person but then actually hit them the intent transfers and you can be charged with assault. The same is true if you intend to assault someone else and accidently assault another person instead.
Intentional means it must be proved it was not a mere accident
A touch or strike can be the lightest touch, for example a poke. It can also by accomplished by way of an object, for example throwing an object at someone or shooting them is also an assault.
Unlawful means it was unconsented to, harmful or offensive
Reasonable fear or apprehension means the average reasonable person in that situation would be afraid the touch would occur