Criminal Trespass

A criminal trespass in Washington occurs when someone enters or remains on someone else’s property without permission, either knowingly or recklessly. Under Washington state law, trespassing can take on different forms, like entering a building or structure without authorization or being on private property after already being told to leave. The severity of criminal trespass charges depends on the circumstances, such as whether the property was a dwelling or a business and if it was done with malicious intent or not.

Being charged with criminal trespass can have some serious consequences, including fines, jail time, and a criminal record. All of this can affect employment opportunities, housing, and other aspects of your life. For these reasons, you should have a skilled criminal trespass attorney on your side to help you negotiate for reduced charges or get your case dismissed based on specifics.

A criminal defense attorney specializing in criminal trespass charges can also ensure your rights are protected throughout the legal process. They are skilled in the criminal justice system and can help you understand the potential consequences you may face as a result of your trespassing charges. Further, they can provide you with strategies that can lead to a much more favorable outcome.

A Look at Criminal Trespass in Washington State

Washington is known for its beautiful landscapes and busy urban centers, which is why it has various laws designed to protect property rights and maintain public safety. As the state continues to grow, with a population that values natural beauty and diverse communities, the need for legal protections around personal property becomes increasingly more important.

Whether in a rural setting where land ownership is often expansive or in urban areas with dense residential neighborhoods, trespassing laws help prevent unauthorized entry into places where people have a reasonable expectation of both privacy and security.

TheRevised Code of Washington (RCW) 9A.52 defines criminal trespass in the state.

First-Degree Criminal Trespass

First-degree criminal trespass (RCW 9A.52.070) occurs when someone unlawfully enters or remains in a building or structure. This charge is classified as a gross misdemeanor and is considered more serious than second-degree trespass because of the potential risks associated with unauthorized access to a private or public building.

If someone enters a private home without consent, whether through an unlocked door or by force, it constitutes a first-degree trespass. The simple act of unlawfully entering a dwelling violates the property owner’s rights.

Another example is when someone unlawfully enters a commercial building, like an office, store, or factory, after hours and without permission. They can be charged with criminal trespass even if they didn’t steal anything or cause any damage.

Many public and private buildings, including government offices, hospitals, or schools, have restricted areas where access is limited to authorized persons. If you enter these areas without proper authorization, like sneaking into a staff-only area, it can result in first-degree trespassing charges.

Ultimately, entering a home, office, or business without permission is a violation of privacy and safety, which can result in severe penalties.

Second-Degree Criminal Trespass

Second-degree criminal trespass (RCW 9A.52.080) is entering or remaining unlawfully on someone else’s land or property. This criminal trespass offense typically happens when someone doesn’t have the right to be on the land and refuses to leave after being asked by the property owner or an authorized representative.

For example, if you cut across a homeowner’s lawn or enter their backyard without permission, even if you are not causing any harm or damage, you can still be charged with trespassing under this law. Additionally, someone who lingers in a public park after it has closed or refuses to exit a shopping mall after hours can also be charged.

A more common example of second-degree trespass is when a person enters a piece of property that has posted “No Trespassing” signs. This can include private forests, farmland, or even vacant lots. Ignoring these signs and entering the property is a violation of criminal trespass laws.

Unlike first-degree trespass, second-degree trespass is a misdemeanor. However, this charge still carries penalties such as fines and possible jail time. This law is often applied in cases involving private residential or commercial property, where the owner or tenant has specifically indicated that trespassers are not welcome.

Defending Against Criminal Trespass Charges in Washington

If you are facing criminal trespass charges in Washington, you must take the time to understand the potential defenses that can be raised. For example, you may be able to argue that you didn’t know you were trespassing. This is especially true in situations where the property boundaries may be unclear or if the property was not clearly marked.

In some cases, you may have been on the property in good faith. For instance, maybe you entered the property for an emergency or with implied permission. A skilled criminal defense attorney can help assess the specifics of your case and will investigate whether or not the property owner followed proper procedures. They can also explore the most appropriate defense strategies available to minimize the potential consequences of a trespassing charge against you.

The Value of a Criminal Defense Attorney for Criminal Trespass Charges in Washington

We believe that every criminal trespass charge in Washington can be successfully challenged. Our criminal defense attorneys have years of experience defending these charges. So if you or a loved one are facing a criminal trespass charge, you don’t have to do it alone.

Speak with one of our skilled criminal defense attorneys today to increase your chances of a more than favorable outcome for your criminal trespass case. Our attorneys are experienced and aggressive and will fight on your behalf.

In essence, trespassing is being somewhere you are not supposed to be. To some people, this might not sound like a big deal, but it is important to take these charges seriously. Just like with other types of criminal convictions, it

can impact your ability to get jobs and even rent an apartment.

Criminal trespass 1° is when you knowingly enter or remain in a building unlawfully. The key here is whether you were notified. Unfortunately, for some people, they receive notice by way of a piece of paper, and they choose to never read it and then get in trouble. For others, they were under the influence of a chemical and did not understand or did not care about what was going on. A common example is an individual getting thrown out of a bar but then coming back or being asked to leave a bar but refusing to do so. Criminal trespass 1° is a gross misdemeanor.

On the other hand, Criminal trespass 2° is a misdemeanor. Criminal trespass 2° is just like 1°, except a building is not involved. An example would be someone loitering in a non-building parking lot despite receiving notice not to be there.

If you have questions about the criminal trespass charge you are currently facing, do not hesitate to give our office a call. Our experienced Washington criminal defense attorneys would be glad to answer your questions, let you know your options, and fight for the best possible outcome.