What is the Law on Burglary and Violation of Probation?
Full Question:
Answer:
A probation violation may result in probation being revoked. The answer will depend on all the facts involved. Generally, a probation violation may be charged even if the original term of probation or sentence has elapsed. I suggest you consult a local attorney or public defender who can review all the facts and documents in the case. We are prohibited from giving legal advice, as this service provides information of a general legal nature.
Please see the following WA statutes:
RCW 10.99.050 (1) When a defendant is found guilty of a crime and a
condition of the....
(1) When a defendant is found guilty of a crime and a condition of the
sentence restricts the defendant's ability to have contact with the victim,
such condition shall be recorded and a written certified copy of that order
shall be provided to the victim.
(2)(a) Willful violation of a court order issued under this section is
punishable under RCW 26.50.110.
(b) The written order shall contain the court's directives and shall
bear the legend: Violation of this order is a criminal offense under
chapter 26.50 RCW and will subject a violator to arrest; any assault,
drive-by shooting, or reckless endangerment that is a violation of this
order is a felony.
(3) Whenever an order prohibiting contact is issued pursuant to this
section, the clerk of the court shall forward a copy of the order on or
before the next judicial day to the appropriate law enforcement agency
specified in the order. Upon receipt of the copy of the order the law
enforcement agency shall enter the order for one year or until the
expiration date specified on the order into any computer-based criminal
intelligence information system available in this state used by law
enforcement agencies to list outstanding warrants. Entry into the
computer-based criminal intelligence information system constitutes notice
to all law enforcement agencies of the existence of the order. The order is
fully enforceable in any jurisdiction in the state.
(4) If an order prohibiting contact issued pursuant to this section is
modified or terminated, the clerk of the court shall notify the law
enforcement agency specified in the order on or before the next judicial
day. Upon receipt of notice that an order has been terminated, the law
enforcement agency shall remove the order from any computer-based criminal
intelligence system.
RCW 26.50.110 (1)(a) Whenever an order is granted under this chapter,....
(1)(a) Whenever an order is granted under this chapter, chapter 7.90,
9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or there is a valid
foreign protection order as defined in RCW 26.52.020, and the respondent
or person to be restrained knows of the order, a violation of any of the
following provisions of the order is a gross misdemeanor, except as
provided in subsections (4) and (5) of this section:
(i) The restraint provisions prohibiting acts or threats of violence
against, or stalking of, a protected party, or restraint provisions
prohibiting contact with a protected party;
(ii) A provision excluding the person from a residence, workplace,
school, or day care;
(iii) A provision prohibiting a person from knowingly coming within, or
knowingly remaining within, a specified distance of a location;
(iv) A provision prohibiting interfering with the protected party's
efforts to remove a pet owned, possessed, leased, kept, or held by the
petitioner, respondent, or a minor child residing with either the
petitioner or the respondent; or
(v) A provision of a foreign protection order specifically indicating
that a violation will be a crime.
(b) Upon conviction, and in addition to any other penalties provided by
law, the court may require that the respondent submit to electronic
monitoring. The court shall specify who shall provide the electronic
monitoring services, and the terms under which the monitoring shall be
performed. The order also may include a requirement that the respondent
pay the costs of the monitoring. The court shall consider the ability of
the convicted person to pay for electronic monitoring.
(2) A peace officer shall arrest without a warrant and take into
custody a person whom the peace officer has probable cause to believe has
violated an order issued under this chapter, chapter 7.90, 9.94A, 10.99,
26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as
defined in RCW 26.52.020, that restrains the person or excludes the
person from a residence, workplace, school, or day care, or prohibits the
person from knowingly coming within, or knowingly remaining within, a
specified distance of a location, if the person restrained knows of the
order. Presence of the order in the law enforcement computer-based
criminal intelligence information system is not the only means of
establishing knowledge of the order.
(3) A violation of an order issued under this chapter, chapter 7.90,
9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign
protection order as defined in RCW 26.52.020, shall also constitute
contempt of court, and is subject to the penalties prescribed by law.
(4) Any assault that is a violation of an order issued under this
chapter, chapter 7.90, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW,
or of a valid foreign protection order as defined in RCW 26.52.020, and
that does not amount to assault in the first or second degree under RCW
9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation
of such an order that is reckless and creates a substantial risk of death
or serious physical injury to another person is a class C felony.
(5) A violation of a court order issued under this chapter, chapter 7.90,
9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign
protection order as defined in RCW 26.52.020, is a class C felony if the
offender has at least two previous convictions for violating the
provisions of an order issued under this chapter, chapter 7.90, 9.94A,
10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection
order as defined in RCW 26.52.020. The previous convictions may involve
the same victim or other victims specifically protected by the orders the
offender violated.
(6) Upon the filing of an affidavit by the petitioner or any peace
officer alleging that the respondent has violated an order granted under
this chapter, chapter 7.90, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34
RCW, or a valid foreign protection order as defined in RCW 26.52.020, the
court may issue an order to the respondent, requiring the respondent to
appear and show cause within fourteen days why the respondent should not
be found in contempt of court and punished accordingly. The hearing may
be held in the court of any county or municipality in which the
petitioner or respondent temporarily or permanently resides at the time of
the alleged violation.
RCW 9A.52.020 (1) A person is guilty of burglary in the first degree if,
with intent to....
(1) A person is guilty of burglary in the first degree if, with intent to
commit a crime against a person or property therein, he or she enters or
remains unlawfully in a building and if, in entering or while in the
building or in immediate flight therefrom, the actor or another participant
in the crime (a) is armed with a deadly weapon, or (b) assaults any person.
(2) Burglary in the first degree is a class A felony.
RCW 9A.52.025 (1) A person is guilty of residential burglary if, with
intent to commit....
(1) A person is guilty of residential burglary if, with intent to commit
a crime against a person or property therein, the person enters or remains
unlawfully in a dwelling other than a vehicle.
(2) Residential burglary is a class B felony. In establishing sentencing
guidelines and disposition standards, the sentencing guidelines commission
and the juvenile disposition standards commission shall consider
residential burglary as a more serious offense than second degree burglary.
RCW 9A.52.030 (1) A person is guilty of burglary in the second degree if,
with intent....
(1) A person is guilty of burglary in the second degree if, with intent
to commit a crime against a person or property therein, he enters or
remains unlawfully in a building other than a vehicle or a dwelling.
(2) Burglary in the second degree is a class B felony.
RCW 9A.52.040 In any prosecution for burglary, any person who enters or
remains....
In any prosecution for burglary, any person who enters or remains
unlawfully in a building may be inferred to have acted with intent to
commit a crime against a person or property therein, unless such entering
or remaining shall be explained by evidence satisfactory to the trier of
fact to have been made without such criminal intent.
RCW 9A.52.050 Every person who, in the commission of a burglary shall
commit any other....
Every person who, in the commission of a burglary shall commit any other
crime, may be punished therefor as well as for the burglary, and may be
prosecuted for each crime separately.
RCW 10.99.055 A peace officer in this state shall enforce an order issued
by any court....
A peace officer in this state shall enforce an order issued by any court
in this state restricting a defendant's ability to have contact with a
victim by arresting and taking the defendant into custody, pending release
on bail, personal recognizance, or court order, when the officer has
probable cause to believe that the defendant has violated the terms of that
order.
RCW 10.14.120 Any willful disobedience by a respondent age eighteen years
or over of....
Any willful disobedience by a respondent age eighteen years or over of
any temporary antiharassment protection order or civil antiharassment
protection order issued under this chapter subjects the respondent to
criminal penalties under this chapter. Any respondent age eighteen years or
over who willfully disobeys the terms of any order issued under this
chapter may also, in the court's discretion, be found in contempt of court
and subject to penalties under chapter 7.21 RCW. Any respondent under the
age of eighteen years who willfully disobeys the terms of an order issued
under this chapter may, in the court's discretion, be found in contempt of
court and subject to the sanction specified in RCW 7.21.030(4).
RCW 7.21.030 (1) The court may initiate a proceeding to impose a remedial
sanction on....
(1) The court may initiate a proceeding to impose a remedial sanction on
its own motion or on the motion of a person aggrieved by a contempt of
court in the proceeding to which the contempt is related. Except as
provided in RCW 7.21.050, the court, after notice and hearing, may impose a
remedial sanction authorized by this chapter.
(2) If the court finds that the person has failed or refused to perform
an act that is yet within the person's power to perform, the court may find
the person in contempt of court and impose one or more of the following
remedial sanctions:
(a) Imprisonment if the contempt of court is of a type defined in RCW
7.21.010(1) (b) through (d). The imprisonment may extend only so long as
it serves a coercive purpose.
(b) A forfeiture not to exceed two thousand dollars for each day the
contempt of court continues.
(c) An order designed to ensure compliance with a prior order of the
court.
(d) Any other remedial sanction other than the sanctions specified in (a)
through (c) of this subsection if the court expressly finds that those
sanctions would be ineffectual to terminate a continuing contempt of court.
(e) In cases under chapters 13.32A, 13.34, and 28A.225 RCW, commitment to
juvenile detention for a period of time not to exceed seven days. This
sanction may be imposed in addition to, or as an alternative to, any other
remedial sanction authorized by this chapter. This remedy is specifically
determined to be a remedial sanction.
(3) The court may, in addition to the remedial sanctions set forth in
subsection (2) of this section, order a person found in contempt of court
to pay a party for any losses suffered by the party as a result of the
contempt and any costs incurred in connection with the contempt proceeding,
including reasonable attorney's fees.
(4) If the court finds that a person under the age of eighteen years has
willfully disobeyed the terms of an order issued under chapter 10.14
RCW, the court may find the person in contempt of court and may, as a sole
sanction for such contempt, commit the person to juvenile detention for a
period of time not to exceed seven days.
RCW 10.14.170 Any respondent age eighteen years or over who willfully
disobeys any....
Any respondent age eighteen years or over who willfully disobeys any
civil antiharassment protection order issued pursuant to this chapter shall
be guilty of a gross misdemeanor.
