Under Washington criminal law, a defendant commits residential burglary if they enter or unlawfully remain in a dwelling, other than a vehicle, with the intent to commit a crime against a person or property inside. RCW 9A.52.025. To convict a defendant of residential burglary, the state must prove that the defendant entered a dwelling, while other forms of burglary only require the state to prove the defendant entered a building. A defendant recently challenged his conviction of residential burglary, arguing a fenced back yard was not a dwelling.
According to the opinion of the appeals court, which considered the facts in a light most favorable to the prosecution, a homeowner saw the defendant attempting to enter the home’s back door. The homeowner testified the defendant had a hammer and a crowbar and was striking the deadbolt. The defendant saw the homeowner and stopped and ran. The homeowner tripped him in the front yard and he dropped his bag and the crowbar. The homeowner testified the defendant tried to hit him with the crowbar and bite him. The homeowner held his arm around the defendant’s neck until the police got there.
The defendant was ultimately charged with residential burglary, possession of burglary tools, third degree assault, and two counts of bail jumping.