Criminal Trespassing in Seattle

Seattle has so many incredible places to discover. There are business and shopping districts like Pioneer Square, South Lake Union, and Ballard and stunning local outdoor parks like Discovery Park, Alki Beach Park, and Seward Park. However, with so many places to wander, it's easy to accidentally find yourself on private property. Further, Seattle is a stronghold of free speech and political action, with a local community that actively engages in demonstrations and public discourse. So it's not uncommon for criminal trespass charges to stem from exercising the right to demonstrate, especially during large protests where boundaries can become unclear.

No matter the circumstances that led to your trespassing charges, our Seattle attorneys are here to advocate for you. With over 20 years of experience in Western Washington courts, we know how to fight trespassing charges. We understand the nuances of local Seattle laws and how to challenge the application of those laws in court. Count on us to fight for a favorable outcome in your criminal trespass case.

Seattle's Criminal Trespass Attorneys Are On The Case

Trespassing charges in Washington can be tricky, often because the laws are broad and what counts as "unlawful entry" is up for interpretation. These charges pop up in many situations, sparking debates about people's rights to move freely or express themselves. Our Seattle attorneys know these laws inside and out and have a strong history of successfully fighting these cases. Here's how we help:

• Investigate The Situation: We look at the details to see if the property was clearly marked and if you were properly warned.
• Negotiate With The Prosecution: Using our local ties, we work to get charges reduced or dropped when possible.
• Challenge The Evidence: We dive deep into the evidence, especially on the intent and knowledge of trespassing.
• Defend Your Rights: We fight to protect your rights, particularly when it comes to free speech or protests.

Our Seattle trespassing defense attorneys employ strategic defenses we have refined in our over two decades of legal practice in Western Washington.

Why Did I Get Charged With Criminal Trespass In Seattle?

In Seattle, you might find yourself charged with criminal trespass for several reasons. Under RCW 9A.52.070 and RCW 9A.52.080, criminal trespass occurs when someone knowingly enters or remains unlawfully on someone else's property. The laws delineate two degrees of trespass:

• Criminal Trespass In The First Degree: This is when a person knowingly enters or remains unlawfully in a building. Washington state classifies this as a gross misdemeanor, which can result in penalties of up to one year in jail and/or a fine of up to $5,000.
• Criminal Trespass In The Second Degree: This is when a person enters or remains unlawfully on premises other than a building (like a residential yard or commercial property). It is considered a misdemeanor in Washington state, punishable by up to 90 days in jail and/or a fine of up to $1,000.

Our trespassing defense attorneys are experienced in Seattle's legal system and provide the guidance you need to contest a trespass charge. With our help, you can reduce penalties or even secure a dismissal.

How Does The Prosecution Prove Criminal Trespass?

In Washington state, the prosecution must establish several key elements as defined under state law to prove criminal trespass in Seattle courts:

Criminal Trespass In The First Degree: For a first-degree criminal trespass charge, the prosecution must prove that:

• Entry into Building: The defendant knowingly entered or remained unlawfully in a building. "Building" typically refers to any structure that people can enter and use.
• Knowledge: The defendant was aware or should reasonably have been aware that their entry or continued presence was not permitted.

Criminal Trespass In The Second Degree: For a second-degree criminal trespass charge, the prosecution must demonstrate that:

• Entry Onto Premises: The defendant knowingly entered or remained unlawfully on premises other than a building, which can include residential yards, commercial lots, or other types of property.
• Knowledge: As with the first degree, the prosecution must prove that the defendant knew or should have known that their presence was unauthorized.

For both degrees of criminal trespass, the prosecution will generally rely on the following to make their case:

• Witness Testimony: This could include the testimony of property owners, tenants, or law enforcement officers who can confirm that the defendant did not have permission to be on the property.
• Signage and Warnings: Evidence that "No Trespassing" signs or other forms of notice were clearly visible at the property can be critical.
• Defendant's Statements: Any admissions or statements made by the defendant acknowledging their understanding that they were not allowed to be there can be used against them.

Effective defenses can challenge any of the prosecution's required proof. For instance, our Seattle trespassing defense lawyers could argue you had no knowledge of trespassing due to inadequate signage or you had a reasonable belief in having permission to enter the premises. Another common defense we'll explore is to question the reliability of witness testimony or the legality of how law enforcement obtained evidence.

Given the nuances in how trespass laws are applied and enforced in Seattle, having skilled local legal representation is vital. Our King County attorneys specializing in trespassing defense will scrutinize the prosecution's evidence, propose credible defenses, and work to mitigate or dismiss charges based on procedural faults or substantive legal arguments.

Schedule A Free Consultation With Our Seattle Trespassing Defense Team

Seattle is a treasure trove for explorers, but it's easy to veer off the beaten path. In the city, explorers enjoy Pike Place Market, Ballard Avenue, and The University Districts. Outside of it, you can enjoy the great outdoors at Mount Rainier National Park, Olympic National Forest, and Cascades National Park. But while discovering these places, it's crucial to be aware of boundaries.

Whether you're in the city or out in nature, exploring the Seattle area can sometimes lead to accidental trespassing. Our attorneys, who know Seattle's neighborhoods and trespassing laws, firmly believe that every trespassing charge can be challenged at King County Courts. We'll use our local knowledge and legal acumen to find that way. If you're facing trespassing charges, contact our Seattle defense team for a free consultation now.

Essentially, trespassing is when you are someplace where you are not supposed to be. While this might not sound like such a big deal, when you are facing potential fines, jail, no contact orders, and probation, it can suddenly feel like a big deal. That is why it is important to contact an attorney to help you through this situation. Even a criminal conviction for criminal trespass could potentially impact your ability to get a job in the future.

Criminal trespassing is broken up into two types. Criminal trespass 1° is when you knowingly enter or remain in a building without permission. This charge is a gross misdemeanor, which means the maximum penalty is 364 days in jail and a $5,000 fine. A typical example is when an individual was ordered to leave a bar and not return but then either refused to leave or returned.

The second type of criminal trespass is criminal trespass 2°, which is when you knowingly enter or remain on land without permission. This charge is a misdemeanor, which comes with a maximum penalty of 90 days in jail and a $1,000 fine. Examples include going onto government land under freeways behind fences or non-building parking lots with no trespassing notices.

If you have questions about a criminal trespass charge you are potentially facing, do not hesitate to give our office a call. We will be more than happy to discuss your situation and let you know how our knowledgeable, skilled Seattle, WA criminal defense lawyers can help you achieve the best outcome possible in your case.