Trespassing in Tacoma

Washington State is a large state that has rightfully earned its reputation as a jewel in the Pacific Northwest of America. This region offers verdant forested landscapes and impressive Pacific coastlines and still manages to be home to havens of small-town and urban lifestyles for those who prefer that type of living. Because of that, many have come to the state both to visit and take up residence.

As expected, whenever groups of people go to the same location, many people taking up residence or starting businesses here will own a property of some kind. This may be as simple as a detached home with a front and a backyard or a sprawling shopping complex. However, regardless of the ownership, one thing holds, and that is that the owner of the property is entitled to certain rights as a result of that property ownership. One of those rights is determining who may or may not enter the property and make use of it, and it is against the law for people to ignore those ownership prerogatives. Doing so can mean a potential arrest by the police and even charges that may lead to a court date, as well as possible legal consequences for the charge of trespassing.

For over 20 years, our attorneys have resolved legal cases all over Washington State, from complex criminal trials to simpler civil infractions. We offer our services to cities like Tacoma and the surrounding area. The lawyers on our team have a broad range of legal experience to help people overcome serious charges like trespassing.

The Problem Of Property

As with other states throughout the USA, the Washington State legislature prioritizes property owners' rights to maintain privacy and establishes rules for who is permitted to enter the property and who isn’t. Of course, there are certain exceptions to these general rules. Police and even postal workers, for example, do have the right to enter a person or business’s property if they are performing their job responsibilities. Those specific types of roles and responsibilities aside, however, most other people have to respect the wishes of whoever owns the property, and for the most part, they do. Trespassing in Washington State has seen a steady decline over the decades and is not as frequent as it was in the 1990s, for example.

Unfortunately, that doesn’t mean that trespassing has disappeared outright, especially since, in some cases, it is a simple, honest mistake. Trespassing can happen completely by accident, such as when people inadvertently cross the US and Canadian border between Washington State and British Columbia as they take walks through the woods. But there are other times when crossing over without permission is a deliberate act, and if that is the case, law enforcement and the courts can step in with legal consequences.

Deliberately Crossing The Line

It is crucial to understand that trespassing has levels. At the most severe end, criminal trespassing, as the name suggests, is treated as a criminal offense by Washington State courts. There are nuances to this, however. Unlike some other crimes, trespassing also carries with it the possibility of tort liability, meaning that in some cases, a trespasser may also be vulnerable to a lawsuit.

The categories of trespassing people should be aware of are:

Trespassing In The Second Degree

As with other degrees, second-degree trespassing is the less serious violation, though it is still considered a criminal act. A trespassing act is defined as in the second degree if the person charged has entered a property and remains there but doesn’t necessarily enter any buildings. Common examples of second-degree trespassing would be crossing into someone’s land on a large property or even staying on someone’s front lawn or back yard and refusing to leave.

This class of trespassing is considered a misdemeanor, and it carries possible imprisonment or fines, but the punishment is not severe.

Trespassing In The First Degree

First-degree trespassing takes things a step further. People are charged with this if they unlawfully enter a building or remain there after they should have left. As with second-degree trespassing, what makes this constitute a criminal act is deliberate defiance. Law enforcement must suspect a person knew they weren’t supposed to be on the premises, and this must be proven in court for the verdict to carry through.

People convicted of first-degree trespassing commit a gross misdemeanor, which is more serious but still less severe than a felony.

Tort Liability

Finally, the property owner can potentially sue a trespasser in addition to the criminal charges if the trespasser's entry causes damage to the property. For example, if someone has a garden with high-value flowers and shrubs and the trespasser steps on or even picks the flowers, this may leave the trespasser liable for a lawsuit in which the property owner can sue the trespasser for damages.

A few civil laws exist to handle this type of trespassing situation, but they largely fall under the jurisdiction of a property damage civil liability case.

The Consequences

With criminal trespassing charges, people may be confronted by a jail sentence, a fine, or, in some cases, even both. If the charge of second-degree trespassing results in a guilty verdict, the convicted may face up to 90 days imprisonment and a maximum fine of $1000. If the people charged are facing a first-degree charge, a gross misdemeanor is more serious, with a maximum jail sentence of one year and a maximum fine of $5000. This can be potentially much more if lawsuits are involved. There are also potential negatives in the future, such as having a criminal record impacting the ability to get hired for jobs or even be approved by landlords to rent and live in certain properties.

We’re Ready To Help

Our law firm believes a trespassing charge shouldn’t have to carry the maximum penalty. Mistakes can happen, and our attorneys have been successfully challenging trespassing charges in Western Washington and the rest of Washington State for over 20 years. If you or someone you know is charged with criminal trespass, an experienced lawyer can help change your legal fortunes. Our Tacoma trespass lawyers are committed, skilled attorneys who may get cases dismissed outright or mitigate the consequences.

Get Help From Our Experienced Tacoma Trespassing Attorneys

In Tacoma, a trespassing conviction could cause you many problems with lasting repercussions. If a person knowingly and unlawfully enters or remains on a Tacoma premises belonging to someone else, they could be charged with criminal trespassing in Washington. This crime is often committed in relation to Tacoma commercial buildings, but it may also apply to trespassing on construction sites, empty lots, and private residential homes.

Trespassing can sometimes be the result of a simple misunderstanding, but even these charges should be treated seriously. For example, a person charged with criminal trespassing may have forgotten their identification, or may not have been aware that they were on private property when they were arrested. These facts still need to be presented to the prosecutor, so you should discuss the details with one of our qualified Tacoma trespassing lawyers.

Law enforcement sometimes places an emphasis on prosecuting criminal trespassing cases, especially in areas frequented by the homeless and teens. These areas often include parking lots near places of business like stores and shops. If you think you were unfairly targeted by law enforcement, you should relate this information to our Tacoma trespassing attorneys in detail.

A Tacoma trespassing charge can either be in the form of a misdemeanor or a gross misdemeanor, depending upon the circumstances. If you're convicted of a gross misdemeanor, you could spend a year in jail while facing fines of up to $5,000. You will also incur a criminal record that could damage your reputation, your family, and future prospects.

At the Law Office of Jason S. Newcombe, our team of lawyers will fight to have your trespassing charges dismissed. You should contact a Tacoma trespassing lawyer before talking to anyone in law enforcement, just to make sure that your rights are being fairly acknowledged.

Our Tacoma Trespassing Attorneys Offer A Free Consultation To Discuss Your Case

To prepare a defense against trespassing charges, you must have knowledge of the law, even if you were charged with this crime unfairly. Legal experience is another key factor that can help you build a resolute defense, which is something our Tacoma litigators are proud to offer.

Our Tacoma trespassing lawyers will seek to resolve your case as efficiently and quickly as possible. Dealing with the courts and prosecutors is often tedious, but we will work tirelessly to ensure that you get to tell your version of the events. In many of the criminal trespassing cases our lawyers handle, the property owner and defendant had a simple misunderstanding or there was a case of mistaken identity. With over 30 years of collective experience, our Tacoma lawyers know what details to focus on when preparing for a criminal trespassing case.

Contact our Washington law office today and let our Tacoma attorneys help you defend yourself against serious trespassing charges.