Trespassing in Kent

With many great places to explore, we understand how trespassing charges happen in Kent. Within the city, you can enjoy Clark Lake Park, the Kent Commons, and the Green River Natural Resources Area, each offering plenty of outdoor activities. Those willing to venture outside the city can check out the beautiful Soos Creek Park, visit the Auburn Environmental Park, or enjoy the sights at the nearby Mt. Rainier National Park. Because there are many places to explore, it's easy to get caught up in the excitement and find yourself in a situation where you've inadvertently crossed a boundary.

If you're facing trespassing charges in Kent, our experienced team of local defense attorneys is here to help. We have over 20 years defending our clients in Western Washington against trespassing charges. Call our law offices today for a free consultation. We're here for you and ready to protect your rights.

Why Am I Facing Trespassing Charges?

Trespassing charges in Washington state happen when you unlawfully enter or remain on another person's property. Here are some real-life scenarios that have led our clients to face trespassing charges:

• Walking onto someone's lawn, driveway, or backyard after being told to stay off the property
• Staying in a store, bar, or restaurant after being asked to leave by the owner or staff
• Entering a construction site, secured office building, or other restricted areas marked with "No Trespassing" signs
• Jumping a fence to access private property, even if no harm is caused
• Engaging in outdoor activities on someone else's property without permission
• Holding a demonstration on land owned by a business or individual without authorization
• Going back to a property where you've previously been told not to return, such as an ex-partner's home or a shopping mall
• Using certain public lands or parks after they are closed or without a required permit
• Staying in a parking lot, park, or public area that has posted hours prohibiting access after a certain time
• Occupying an empty home, building, or land without the owner's consent

Having a skilled trespass defense attorney to challenge the evidence or the intent behind the act can help you avoid harsh penalties.

What Are The Penalties For Trespassing In Washington State?

Trespassing in Washington state is categorized into two degrees under RCW 9A.52.070-080, and penalties include:

• Criminal Trespass (First Degree): Classified as a gross misdemeanor, the penalties include up to 364 days in jail and/or fines of up to $5,000.
• Criminal Trespass (Second Degree): Classified as a simple misdemeanor, the penalties include up to 90 days in jail. You can also pay fines of up to $1,000.

In addition to these legal penalties, trespassing convictions leave you with a permanent criminal record, which negatively impacts your employment and housing opportunities. If you're facing trespassing charges, our skilled defense attorneys who specialize in trespassing defense will seek to have them dismissed.

What Does The Prosecution Need To Prove In A Trespassing Case?

The prosecution must prove specific elements of your case beyond a reasonable doubt to secure a trespassing conviction, including:

• Unlawful Entry Or Presence: You entered or remained on private property without clear and explicit permission from the property owner or lawful occupant.
• Knowledge: You knew the property was off-limits, which can be shown by posted signs, barriers, prior warnings, or circumstances making the prohibition obvious.
• Location: For first-degree trespassing, they must prove the property entered was a building. For second-degree trespassing, it must be land or premises not enclosed by a building.
• Intent: Your presence on the property was intentional and not accidental or incidental.

Each of these elements must be backed by sufficient evidence like witness testimony, security footage, or police reports. A strong defense can challenge the prosecution's ability to meet these requirements and create reasonable doubt.

How Can I Defend Myself Against Trespassing Charges?

Fighting trespassing charges requires a defense strategy that directly challenges the evidence and the prosecution's interpretation of your actions. Here are some defenses we will explore for your case:

• Lack Of Intent: Demonstrate that your presence on the property was accidental or unintentional, such as wandering onto private land without realizing it.
• Permission Granted: Prove that you had permission from the property owner or lawful occupant to be on the property at the time.
• No Clear Warning: Argue that there were no signs, barriers, or verbal warnings indicating the property was off-limits.
• Mistaken Identity: Show that the prosecution has the wrong person and that you were not on the property.
• Lawful Right To Be There: Establish that you have a legal right to be on the property, such as retrieving personal belongings or acting under an implied license.
• Emergency Or Necessity: Explain that you entered the property to prevent harm, such as seeking safety or aiding someone in distress.
• Lack Of Evidence: Challenge the sufficiency of evidence to prove all elements of trespassing beyond a reasonable doubt.
• Property Ownership Dispute: Demonstrate that the ownership or boundaries of the property were unclear or disputed.

Our experienced trespassing defense attorneys in Kent will analyze the facts of your case. Then, we'll identify weaknesses in the prosecution's arguments and develop a strategy to counter them. With our local experience and knowledge, you can trust us to get a favorable outcome.

Can Trespassing Charges Be Reduced Or Dropped In King County Courts?

With the right legal approach, trespassing charges can often be reduced or dropped in King County courts. Prosecutors may be willing to negotiate if it's a first offense, the property owner agrees not to pursue charges, or there are mitigating circumstances, such as lack of intent or unclear property boundaries.

Kent's Skilled Trespassing Defense Lawyers Will Fight For You

Kent offers various places to explore, from the bustling Kent Station and the picturesque ShoWare Center to the peaceful Lake Meridian Park and the scenic Green River Trail. Outside the city, you can experience the beauty of the Soos Creek Trail, visit the nearby Flaming Geyser State Park, or take in the expansive views at Mount Rainier National Park. With so many destinations to enjoy, it's easy to find yourself unknowingly in a situation that leads to trespassing charges. If you're facing such charges, our Kent-based defense attorneys can challenge them. Call us to learn how we will help you.

Our Kent Trespassing Attorneys Are Here To Help You

A conviction for trespassing in Kent can be far more damaging than many people realize. If a person enters or remains on a Washington premises that belongs to someone else, they can be charged with either of two degrees for criminal trespassing. Trespassing is most often committed in buildings, construction sites, empty lots, and people's homes.

Sometimes trespassing is the result of a misunderstanding, which may make it possible to have the charges dismissed. Even so, trespassing charges are always serious and should be dealt with accordingly. In cases involving a misunderstanding, the person charged may not have been aware they were on private property. After an arrest, evidence proving a misunderstanding must be presented to the court, so you should discuss your options with one of our experienced Kent trespassing lawyers.

Kent law enforcement officials sometimes place an emphasis on criminal trespassing, especially in areas where homeless persons and teenagers may frequent. These locations commonly feature parking lots adjacent to businesses, which offers a distinction between the two degrees of this crime.

Criminal trespassing charges in Kent may be either a misdemeanor or gross misdemeanor, depending on the situation. A gross misdemeanor is charged when someone is caught inside of a building, and could result in up to a year in jail and $5,000 in fines. If the trespasser is caught on the premises but outside of the building, the charge will be a misdemeanor. Any conviction results in the acquisition of a criminal record, which is something to avoid at all costs.

At the Law Office of Jason S. Newcombe in Kent, we will work hard to develop your defense. Our Kent trespassing lawyers urge you to obtain professional legal assistance before speaking with anyone in law enforcement or the prosecutor. We will prevent you from saying anything that could be construed as incriminating, while seeking to have the penalties associated with your criminal trespassing charge reduced in whatever way possible.

Our Kent Trespassing Attorneys Will Build A Defense

An understanding the law is vital when developing a defense, even if you believe the charges against you are erroneous. Our Kent lawyers offer extensive experience in preparing defenses, and there are a few we may explore:

• Was the building in which you're accused of trespassing abandoned?
• Was the premises open to the public, and were you there lawfully?
• Did you have permission from the owner to be on the property?
• Were you on private property to serve legal documents?

Our Kent trespassing lawyers may also determine whether your charges can be "compromised," which essentially means the victim's harm is satisfied.

Take advantage of our more than 30 years of combined legal experience by contacting our law office for a free case evaluation. We will help you defend yourself from criminal trespassing charges by using every tool in our extensive legal arsenal.

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