Criminal Trespass in Tacoma

Tacoma is a great city to explore. It's fun to check out the shops, restaurants, and architecture at the Proctor and Stadium District. Downtown, you will find the exciting Theater District and educational Museum District, featuring attractions like the Museum of Glass and the Washington State History Museum. The Ruston Way Waterfront provides stunning views and dining options along Commencement Bay, while the newly revitalized South Tacoma Way is a hub for shopping and dining.

Just outside Tacoma, you'll find even more to explore. Point Defiance Park offers miles of trails and waterfront views, while the Tacoma Narrows Bridge connects you to the charming Gig Harbor area. Mount Rainier and Dash Point are also great spots to explore. With so many local options for adventure, it's easy to wander off the path and end up with a trespassing charge.

Sometimes, trespassing charges arise from misunderstandings, like believing you had permission to be on someone's property. Other times, they stem from political demonstrations or exercising free speech. No matter the circumstances, our attorneys are here to defend you. With extensive experience in Tacoma courts, we know how to challenge trespassing charges and fight for your rights. Contact us today for a consultation.

Why You Need Our Attorneys When You Face Trespassing Charges

A trespassing conviction in Washington state has serious consequences. Whether the charge stems from being on private property unintentionally, staying somewhere you believed you had permission to be, or participating in a demonstration, trespassing allegations often have more to the story than meets the eye. That's where our experienced Tacoma trespassing defense attorneys step in. With over 20 years of experience defending clients across Western Washington, we know how to defend against trespassing cases. When you hire our Tacoma trespassing attorneys, we'll explore several defenses, including:

• Permission To Enter Or Remain: We'll argue that you had express or implied consent to be on the property, such as being invited by the owner or a tenant. Miscommunication or a misunderstanding does not make your presence unlawful.
• Unclear Or Missing Boundary Markings: If the property lacked proper signage, fencing, or clear boundary markers, we'd demonstrate that you had no way of knowing the area was private or restricted, undermining the prosecution's case.
• Legitimate Purpose: If you were on the property for a lawful purpose, such as retrieving an item, assisting someone, or believing it was public land, we will present evidence supporting your actions.
• Mistaken Identity: In cases involving multiple individuals on the property, we will argue that you were wrongly identified as the person trespassing, using witness statements, video evidence, or alibis to clear your name.
• Constitutional Violations: If Tacoma law enforcement violated your rights during the investigation or arrest, we'll file motions to suppress evidence or for the judge to dismiss the case.
• Free Speech Protections: If the alleged trespassing occurred during a lawful protest or demonstration, we'd argue that your First Amendment rights were infringed and that the charge lacks merit.
• No Intent To Trespass: Trespassing charges require proof that you knowingly entered or remained unlawfully. We'll demonstrate that you lacked intent, such as mistakenly entering private property while following a trail or GPS directions.
• Coercion Or Necessity: If you entered the property due to an emergency or someone coerced, we'd argue that your actions were justified and not criminal.

Our attorneys are well-versed in Washington's trespassing laws, including RCW 9A.52.070 and RCW 9A.52.080. With extensive experience defending against trespassing charges in Tacoma Municipal and Superior Courts, we know how to challenge the evidence, present compelling defenses, and work with local judges and prosecutors to reduce or dismiss charges. Trespassing charges are rarely as straightforward as they seem, and we're here to ensure your side of the story is heard.

What Are The Penalties For Trespassing In Washington State?

In Washington state, a trespassing conviction comes with harsh penalties, which vary based on the degree of defense. These include:

• Criminal Trespass In The First Degree: Knowingly entering or remaining unlawfully in a building. Gross misdemeanor with penalties, including:
  • Up to 364 days in jail
  • Fines of up to $5,000
• Criminal Trespass In The Second Degree: Knowingly entering or remaining unlawfully on another person's property, other than a building. Classified as a misdemeanor with penalties, including:
  • Up to 90 days in jail
  • Fines of up to $1,000
• Defiant Trespass: Charged when a person remains on the property after being explicitly asked to leave by the owner or an authorized person. Washington state prosecutes defiant trespass under the same statutes as criminal trespass.

In some cases, property owners may pursue civil damages. Further, a conviction for trespassing can result in a permanent mark on your record, affecting employment and housing opportunities. If trespassing occurs in connection with other crimes, additional charges and penalties may apply.

Our Trusted Tacoma Trespassing Attorneys Are Ready To Defend You

We love exploring Tacoma and all the unique places it has to offer. From the serene Tacoma Nature Center, where trails wind through wetlands and forests, to the iconic Union Station, a stunning example of historic architecture now housing art exhibits, there's so much to see. The Foss Waterway Seaport provides a glimpse into Tacoma's maritime history, while the Fort Nisqually Living History Museum lets you step back in time to the 19th century. For outdoor enthusiasts, Wapato Park offers a beautiful lake and walking trails, and Titlow Beach is perfect for tide-pooling and enjoying Puget Sound views. Just outside the city, Lakewood's American Lake is a local favorite for kayaking and fishing.

With so many amazing places to explore, our attorneys in Pierce County understand how a trespassing charge can happen. Whether it's a simple mistake, unclear property boundaries, or a misunderstanding, we firmly believe every trespassing charge should be challenged in Tacoma Courts. With over 20 years of experience, we know how to fight trespassing charges and protect your rights. Contact our Tacoma trespassing defense team today for a free consultation to learn more.

Generally speaking, trespassing is being someplace which you are not supposed to be. While it might seem like it shouldn’t be considered a big deal because there was no harm, the fact is any type of criminal conviction can impact you negatively. There are two types of criminal trespass.

Criminal trespass 1° is a gross misdemeanor, meaning the maximum penalty is 364 days in jail and a $5,000 fine. This is charged when an individual enters unlawfully or refuses to leave a building when properly asked. A common example is when someone is asked to leave a bar but refuses to do so or it told not to return but does.

Criminal trespass 2° is a misdemeanor which means the maximum penalty is 90 days in jail and $1,000 fine. This form of trespass is like 1° except without the building. So if you unlawfully enter an area or refuse to leave an area which is not a building, then you can face a trespassing 2° charge.

If you have questions about a criminal trespass charge you may be facing, do not hesitate to give our office a call. We will be more than happy to discuss your options and case with you.