What is the reqired evidence for a residential burglary?

Asked over 4 years ago - Kennewick, WA

i am fighting the charge residential burglary.they have no evidence against me.only things my spouse and old friend had said to the officers .

Attorney answers (2)

  1. Erin Bradley McAleer


    Contributor Level 13

    Answered . RCW 9A.52.025 indicates the prosecution will need to prove beyond a reasonable doubt that:

    1. You entered or remained unlawfully in a dwelling other than a vehicle.
    2. That you did so with the intent to commit a crime against a person or property therein.

    The prosecution could use direct or circumstantial evidence to prove you were in a dwelling unlawfully, such as foot prints, finger prints, security tapes, and your friends testimony that he actually saw you.

    The prosecution could also use direct or circumstantial evidence to prove you entered or remained in the dwelling for the purpose of committing a crime, such as a statement you made to the friend that you were going to take or break something, or entered to assault someone.

    RCW 5.60.060 will likely allow you to claim a spousal communication privilege and prevent your spouse from testifying against you unless you consent.

    I'd suggest you wait for the prosecution to present its discovery and then evaluate your case. Additionally, your lawyer should interview all the witnesses and responding police officers to evaluate the witnesses credibility, lock in each persons story and form a proper defense.

  2. Michael F. Morgan

    Contributor Level 12

    Answered . I agree with what has been previously submitted on this issue with one cautionary remark--if you are charged with domestic violence Residential Burglary with your spouse as the alleged victim then spousal immunity does not apply. There are other ways that spousal immunity can be waived as well.

Related Topics

Criminal defense

Criminal law establishes the classifications of crimes, how guilt or innocence is determined, and the types of punishment or rehabilitation that may be imposed.

Evidence in criminal cases

Evidence includes records, physical items, or testimony that demonstrate some fact in a case. To be used in court, evidence must be collected in a legal manner.

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