Entry and intent
Burglary requires unlawful entry or remaining plus intent to commit a crime. Mere presence on property is not enough—the state still has to prove both elements.
Washington burglary and theft charges
Burglary—often described as unlawfully entering or remaining on someone’s property with intent to commit a crime—is treated seriously in Washington. Prosecutors commonly pair burglary with related theft, assault, or property counts, so the charging package can escalate quickly.
Under Washington law, burglary generally means unlawfully entering or remaining on another person’s property with the intent to commit a crime against a person or that property. Because intent is an element, burglary is frequently charged alongside the crime allegedly intended once the person was on the property.
Veitch Ault Defense reviews these cases with direct attorney involvement from the first consultation—evidence, identification, valuation, and what the state can actually prove.
Is burglary a felony in Washington State?
Burglary is typically a felony in Washington, with the exception of making or having burglary tools, which is a gross misdemeanor. Depending on the facts, charging may include:
- Burglary in the first degree: Unlawful entry or remaining with intent to commit a crime while armed with a deadly weapon, or when an assault occurs. Burglary 1 is a class A felony with severe sentencing exposure.
- Residential burglary: Entering or remaining in another person’s dwelling (other than a vehicle) with intent to commit a crime. Residential burglary is a class B felony.
- Burglary in the second degree: Unlawful entry or remaining on property that is not a dwelling or vehicle, with intent to commit a crime, without the burglary-1 weapon/assault facts. Also a class B felony.
- Making or having burglar tools: Making, possessing, or allowing use of tools commonly used for burglary under circumstances showing intent. Typically a gross misdemeanor.
A felony property conviction can affect employment, housing, firearm rights, and reputation for years. Early defense work—entry, intent, identification, and valuation—is how those outcomes get challenged.
How Rob approaches a burglary or theft case
Rob examines how the state claims to prove entry, who was identified, what the property and value evidence actually shows, and whether companion charges are supported. Clients speak directly with the attorney handling the file—not a rotating cast of associates.
Bellevue and Lynnwood offices. Free confidential consultation. Call 425-452-1600 or use the form below to start.