Domestic Violence Charges in Seattle
If you have been arrested for burglary and domestic violence, you may be unsure about the details of your charges. According to Washington law, there are a number of crimes that can result in domestic violence charges. RCW 10.99.020(5) lists the many offenses that can also be considered domestic violence if certain circumstances exist. One such crime is burglary. Often, people associate burglary as a theft crime and theft crimes are generally not related to domestic violence, but burglary involves entering a premise, usually, with the intent of violence.
If you are facing charges for burglary and domestic violence in Seattle, call a defense attorney right away. A domestic violence conviction can result in additional penalties such as a no-contact order that could prevent you from returning to your home or seeing your children. Call The Law Offices of Steve Karimi now to find out more about the charges you are facing.
Washington Burglary Charges
In Washington, there are 2 degrees of burglary charges that can be involved in domestic violence. Both crimes involve the illegal entering of a building. The more serious burglary offenses involve violence or a deadly weapon. Both offenses are felonies and can result in steep penalties.
Burglary in the Second Degree:
The lesser of the two burglary domestic violence charges involves second degree charges. Washington law RCW 9A.52.030 (1) states:
A person is guilty of burglary in the second degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a building other than a vehicle or a dwelling.
This offense is a Class B felony. Under Washington law, the penalties include up to 10 years of incarceration, a fine of up to $20,000 or a combination of them both.
Burglary in the First Degree:
Burglary in the first degree is the more serious burglary offense and is more common in domestic violence situations. Under RCW 9A.52.020 (1), the law states:
A person is guilty of burglary in the first degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a building and if, in entering or while in the building or in immediate flight therefrom, the actor or another participant in the crime (a) is armed with a deadly weapon, or (b) assaults any person.
The penalties for a burglary in the first degree include up to a life sentence of jail time and up to $50,000 in fines. It is important to seek experienced legal counsel as soon as you are arrested. As in all domestic violence cases, it is up to the State, not the victim, whether or not charges will be filed.
What Makes a Crime Domestic Violence?
In Seattle, most violent crimes can also be domestic violence offenses if certain criteria are met. The law states that the crime may be domestic violence if it occurs against “one family or household member by another family or household member”. This can involve, spouses, ex-spouses, two people in a dating relationship, children and parents and more. In these situations, the State will often be left to decide whether or not the crime should be considered domestic violence.
In a domestic violence burglary situation, the offender is usually accused of entering or refusing to leave a house, business, vehicle or other dwelling. In first degree offenses, they are also accused of committing an act of violence or carrying a deadly weapon such as a knife or firearm.
Anyone convicted of a domestic violence crime will face the recommended sentence for the offense and be subject to a no-contact order. This order will prevent the offender from contacting or getting close to the victim or their family. In some cases, this means that the offender may not be able to return home or see their children without supervision. In addition to this order, all domestic violence offenders will have a domestic violence conviction on their criminal record. This will appear in background checks and could hurt their chances in custody or adoption cases.
Seattle Domestic Violence Burglary Defense
When facing charges for any type of domestic violence charge, it is essential that you contact an experienced defense lawyer right away. The only way you can avoid the negative consequences of a criminal sentence is to avoid conviction by fighting your charges.
Not every attorney is the same, you should not settle for the first domestic violence law firm you see. Attorney Steve Karimi is a former prosecutor. He genuinely cares about his clients and fights to get them the best possible results. For more information on your charges and your defense options, call our office to set up a free consultation with Attorney Karimi. You can sit down with him in a comfortable environment and discuss your case. Call now to get started!