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  • Writer's pictureB Hicks Law Firm

Understanding Burglary Laws in Washington, D.C. - A Comprehensive Guide § 22–801 of the D.C. Code


Burglary is a serious crime that can lead to severe penalties, including imprisonment and fines. In Washington, D.C., burglary is defined and classified into two degrees, each with its own set of penalties. In this article, we will delve into the legal definitions and penalties associated with burglary in Washington, D.C., as outlined in § 22–801 of the D.C. Code.

What is Burglary? Burglary is defined as the act of breaking and entering a dwelling or building with the intent to commit a criminal offense or to steal property. In Washington, D.C., burglary is divided into two degrees: first-degree burglary and second-degree burglary.

First-Degree Burglary: In accordance with § 22–801(a), first-degree burglary occurs when an individual breaks and enters a dwelling or a room used as a sleeping apartment in any building, with the intent to commit a criminal offense or to steal property. This is considered first-degree burglary, and it is subject to severe penalties. Penalties for First-Degree Burglary:

  • First-degree burglary is a felony.

  • If someone is inside the dwelling or sleeping apartment during the burglary, the offender is guilty of first-degree burglary.

  • First-degree burglary is punishable by imprisonment for a minimum of 5 years and a maximum of 30 years.

Second-Degree Burglary: Under § 22–801(b), second-degree burglary occurs when an individual breaks and enters various types of buildings, including dwellings, banks, stores, warehouses, and more, with the intent to commit a criminal offense or to steal property. This is considered second-degree burglary and is associated with less severe penalties compared to first-degree burglary. Penalties for Second-Degree Burglary:

  • Second-degree burglary is a felony.

  • Second-degree burglary is punishable by imprisonment for a minimum of 2 years and a maximum of 15 years.

Additional Penalties: In addition to imprisonment, it's important to note that individuals convicted of burglary in Washington, D.C., may also face fines, which are not to exceed a specified amount as set forth in § 22-3571.01.

Burglary is a serious crime in Washington, D.C., with distinct degrees and corresponding penalties. First-degree burglary is associated with more severe penalties and occurs when a person enters a dwelling while someone is present, while second-degree burglary encompasses a broader range of buildings and situations. It's crucial to understand these distinctions to prevent involvement in criminal activities and to appreciate the legal consequences associated with burglary in the District of Columbia.

Disclaimer: This article provides an overview of burglary laws in Washington, D.C., but it is not a substitute for legal advice. If you require legal counsel or have specific questions regarding burglary charges, consult with a qualified attorney.


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