Washington Burglary by Breaking and Entering

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US-00877
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Sample Jury Instruction - This sample jury instruction pertains to a Defendant's indictment for the crime of burglary (including all elements of the crime).

Washington Burglary by Breaking and Entering is a criminal offense that involves unlawfully entering a structure or dwelling with the intention to commit theft or another felony. This offense encompasses various forms of breaking and entering crimes committed in the state of Washington. Under Washington law, the crime of burglary by breaking and entering pertains to entering or remaining unlawfully inside a building, house, apartment, office, or any other structure with the intent to commit a crime. The offense is a serious violation and carries significant legal consequences. In Washington, there are several types of burglary by breaking and entering, each varying based on the circumstances of the crime. These types include: 1. Residential Burglary: Residential burglary involves unlawfully entering or remaining in someone's dwelling, such as a house or an apartment, with the intention to commit theft or another felony. It is considered a more severe offense compared to other types of burglary. 2. Commercial Burglary: Commercial burglary occurs when an individual breaks into or remains unlawfully inside a non-residential building, such as a store, office, or warehouse, with the intent to commit a crime. This type of burglary typically targets businesses and commercial establishments. 3. Vehicle Burglary: Vehicle burglary involves breaking into or remaining unlawfully inside a motor vehicle, such as a car, truck, or motorcycle, with the intent to steal valuables or commit another crime. This form of burglary is prevalent in parking lots, residential areas, and public places. 4. Unoccupied Structure Burglary: Unoccupied structure burglary refers to unlawfully entering or remaining in a building or structure that is not currently inhabited or occupied by individuals. This type of burglary includes vacant houses, abandoned buildings, or properties under construction. Each of these types of Washington Burglary by Breaking and Entering carries similar legal consequences. Conviction for burglary offenses may result in significant fines, imprisonment, probation, mandatory counseling, restitution, and a permanent criminal record. The severity of the punishment depends on factors such as the nature of the crime, prior criminal history, and the value of stolen property. It is crucial to understand that the laws surrounding burglary by breaking and entering may vary by jurisdiction. If faced with charges related to this offense, it is highly recommended seeking legal counsel from an experienced criminal defense attorney who can provide guidance and protect one's rights throughout the legal process.

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FAQ

Penalty: Residential burglary is a class B felony, punishable by prison sentences up to 10 years and/or fines up to $20,000.

Therefore, the term ?breaking and entering? is really an umbrella term that applies to several other crimes. One of these is burglary, which California Penal Code 459 defines as entering someone's property with the intent of committing a felony or theft once inside.

Merely reaching an arm into an open window counts as entering because the building's outer boundary was breached. Also note that you can get convicted of burglary even if you do not break into the residence or structure. Simply walking in through an unlocked door or open window would qualify.

The following is a list of the minimum required crime elements for Burglary: ? Person knowingly enters or remains unlawfully (and) ? Building (and) ? Intent to commit crime therein. Is 'breaking and entering' into the building necessary? NO Opening an unlocked door or climbing through an open window is sufficient.

Intent ? The suspect entering the structure or building must have the intent to commit a theft or felony at the exact moment of entering. There does not have to be a completed theft or felony, only the intent to commit one.

(1) 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. (2) Residential burglary is a class B felony.

Burglary ? Penal Code 459 Although using force or fraud to gain entry into someone else's property with such intent is considered burglary, forced entry is not required in order to be charged with or convicted of burglary.

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Washington Burglary by Breaking and Entering