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What is the reqired evidence for a residential burglary?

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

Posted

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.

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Posted

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.

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