My husband was recently aressted for residential burglary, possecion of stolen property secound degree, and driving while suspended or revoked in the 1st degree. He entered an OPENED DETEACHED GARAGE and took a weed wacker, fishing pole, and a lawnmower. he got pulled over very shortly after taking these items and the people that it belong to got thier items back right then.
Now my first question is this, Is there such a fine line between Residential Burglary which washington states RCW says that he would have had to Unlawfully entered the building or dwelling and stolen these items and Wasington states RCW 9A.52.070 Criminal Trespass in the 1st degree that states that a person is guilty of criminal trespass if he/she knowingly enters or remains unlawfully in a building?
Is there a difference because in this case he did not break into the garage it was wide open. I dont understand the difference really except the one he is being charged with is the residential burglary and its a felony and the criminal trespass is a gross misdeminor.
it seems to me that if he did not break in and the garage and the garage was detached from the residents home then it should not be a residential burglary but a criminal trespass charge. I am i wrong pleaser help we cant afford an attorney so I am trying to help him as much as I can.
In addition does it matter if he didn't fight the police and just pulled over and didnt give them any problem and the people got thier items back right then?
He has already been arrained and plead not guilty and is going to next court date soon.
