In Washington, breaking and entering is usually charged as the crime of "burglary," and the degree (1st or 2nd) depends on whether or not there was a deadly weapon or assault involved - if not, it would be Burglary 2 (the statute, if you're interested, is RCW 9A.52.030). In order to prove that someone committed Burglary 2, the State would have to prove that the person entered or remained somewhere unlawfully, and that he/she had an intent to commit a crime while they were there. If the person is accused of doing this in a residence, it is considered "Residential Burglary" (which is at RCW 9A.52.025). With no prior criminal history, a person convicted of Burglary 2 would face a standard range of 1-3 months in jail; a conviction for Residential Burglary would put that person in the 3-9 month range. However, a person with no prior history might be able to negotiate a better deal, depending on the circumstances of the case. I hope this is helpful! Good luck!
The above is correct. Washington charges people with burglary and not breaking and entering.
Burglary 1 involves entering, or remaining unlawfully in a building, and someone is either assaulted during the burglary, or the defendant, or an accomplice, is armed with a deadly weapon during the burglary, or in flight therefrom. This is a serious offense and will result in prison for 15-20 months. There is also 18-36 months community custody (probation), restitution and legal financial obligations of between $700-$1200.
Residential Burglary generally involves breaking into a residence with the intent to commit a crime therein. The range on this charge is 3-9 months and 12 months community custody (probation) and the above legal financial obligations.
Burglary 2 generally involves breaking into a building which is not a residence. Think business or detached garage, for instance. The range for Burg 2 is 1-3 months and the same community custody and financial legal obligation as the Res Burg.
We do a lot of these cases and frequently see Burglary charges reduced, sometimes to misdemeanors. Of course, a lot depends on the facts of the case. Some cases will not be reduced for a variety of reasons ranging from police interest in prosecution, to victim interest, to prosecutorial interest.
The previous two answers appear to be correct. Please bargaining is often a very beneficial method of arriving at a way for someone to pay his or her debt to society. You don't always get what you deserve in life - sometimes you get what you agree to get.
[Please note: this communication does not constitute legal advice, nor does it form an attorney-client relationship.]