Burglary in Washington, DC
First Degree Burglary – This DC felony burglary charge involves breaking and entering, or entering without breaking, any dwelling (home), apartment, or other room where someone sleeps, with intent to enter and steal any property or commit any other crime, if anyone is home at the time of the burglary. A conviction for first degree burglary in Washington, DC may result a sentence of 5 to 30 years in prison.
Second Degree Burglary – Second degree burglary in the District of Columbia involves breaking and entering, or entering without breaking, any dwelling (home), bank, store, warehouse, shop, boat, train, or other structure, whether occupied or not. Upon conviction, burglary in the second degree shall be punished by imprisonment for not less than 2 years nor more than 15 years.
As a criminal defense lawyer who handles burglary charges, I have found that the police will sometimes charge a trespass, or unlawful entry as a burglary instead of the misdemeanors that they actually are. As with many other crimes, defending a burglary involves a thorough investigation to learn what actually happened. The prosecutor will rely on what is in the police report. Your lawyer should not.