I Entered the Wrong House; Now I Am Charged With Burglary

Several different types of burglary offenses are chargeable according to Washington statutes. RCW 9A.52.025 provides that a “person is guilty of residential burglary if, with intent to commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling other than a vehicle.”

A key element in any criminal charge of burglary is the intent to commit a crime within the building, residence, or vehicle entered. Intent can be reflected by several things. Actions such as ransacking can indicate the intent to steal while possession of a weapon such as a knife can signify intent to assault. These acts help to establish the element of “intent to commit a crime against a person or property therein.” However, even without these acts, the law presumes this intent when an offender illegally entering a residence, building, or vehicle that is not his own.

Inferred Intent

RCW 9A.52.040 establishes that in “any prosecution for burglary, any person who enters or remains unlawfully in a building may be inferred to have acted with intent to commit a crime against a person or property therein, unless such entering or remaining shall be explained by evidence satisfactory to the trier of fact to have been made without such criminal intent.”

Provisions like this are known in the law as presumptions. Some are not rebuttable, such as the capacity for a minor to enter into a contract, but some are. Here, one charged with burglary is presumed to have the requisite intent, but is able to rebut the presumption by providing evidence to counter it. This provision has the effect of shifting the burden of proof to the defendant. In other words, it places the defendant in a position in which he must refute the charges involving intent while illegally occupying a structure, rather than the state having to prove the same as it usually does in criminal cases.

Other classes of burglary include burglary in the second degree, involving non-residential buildings; and burglary in the first degree, involving intent to assault a person within the structure illegally entered.

Without intent to commit a crime within the structure illegally entered, the crime is trespass, constituting a misdemeanor rather than a felony.

Get Experienced Legal Representation

The criminal justice system in the United States calls for interaction among different branches of government, each with separate powers. While police, representing the executive branch, can arrest and bring charges, only the courts, representing the judicial branch, are able to find one guilty of any crime.

At the intersection between police and courts, mistakes can be made. Intent exists in the mind of an actor, and can be misinterpreted by third parties. The criminal courts have prosecuting attorneys working hard to achieve convictions, and defendants need likewise dedicated attorneys to preserve their rights and bring relevant evidence to light. If you or a loved one has been charged with any type of burglary, you need experienced legal help. Contact the criminal defense attorneys at The Nahajski Firm at (206) 621-0500 for a free and confidential initial consultation.