What to Do If You Are Charged With Criminal Trespass in Bellingham

Trespassing is often an unintentional crime. However, in Whatcom County, if convicted of criminal trespass, the penalties are steep. You can face high fines, probation, and even jail time under Washington law.

This is why having a skilled attorney by your side during your case is essential. Our Bellingham legal team is here to help make sure that this minor crime doesn't cause major damage to your life. Highly rated for getting our clients the best outcomes, we can help fight to protect your rights.

Here is everything you need to know if you are facing criminal trespass charges in Whatcom County.

What Is Criminal Trespass In Washington?

Washington defines criminal trespass under two main statutes in the Revised Code of Washington (RCW). These laws outline different degrees of trespass and the conditions under which an individual's presence on another's property can be deemed illegal.

• Criminal Trespass In The First Degree: First-degree criminal trespass, a gross misdemeanor, is a more serious offense. According to this statute, Whatcom County courts will find you guilty of criminal trespass in the first degree if they believe you knowingly entered or remained unlawfully in a building. This definition does not extend to premises that are not buildings, emphasizing that the trespass must occur within an actual structure to qualify as first-degree trespass.
• Criminal Trespass In The Second Degree: Second-degree criminal trespass is considered a misdemeanor, making it a less severe offense. You are guilty of second-degree criminal trespass if you intentionally enter or stay on another person's property without permission, in situations that don't meet the criteria for first-degree criminal trespass. RCW 9A.52.080 covers trespassing on premises that do not qualify as buildings, such as vacant lands, yards, or non-residential structures.

These laws serve to protect property owners and ensure that individuals do not intrude on private property without permission. Violating these statutes can result in criminal charges, which carry penalties, including fines and imprisonment, depending on the severity of the trespass and any related offenses committed during the trespassing incident.

What Are The Penalties For First-Degree Criminal Trespass?

Criminal Trespass in the First Degree, defined in RCW 9A.52.070, is a gross misdemeanor in Washington State. This means a conviction can result in penalties, including:

• Maximum Jail Time: Up to 364 days in county jail
• Maximum Fine: Up to $5,000

These penalties reflect the seriousness of unlawfully entering or remaining in a building, which is a more significant threat to personal and property security than trespassing on non-building premises, covered under Second Degree Criminal Trespass.

The actual sentence can vary depending on several factors, including the defendant's criminal history, the circumstances of the trespass, and any concurrent charges related to the incident. Judges typically consider these factors in sentencing to ensure that the punishment is appropriate to the severity of the offense and the context in which it occurred.

What Are The Penalties For Second-Degree Criminal Trespass?

For Criminal Trespass in the Second Degree, penalties for this misdemeanor under RCW 9A.52.080 include:

• Maximum Jail Time: Up to 90 days in county jail
• Maximum Fine: Up to $1,000

These penalties apply to cases where a person knowingly enters or remains unlawfully on premises not classified as buildings, such as private land, yards, or other non-residential areas. While second-degree criminal trespass is considered less severe than unlawful entry into a building, it still carries penalties reflecting its impact on property rights and personal security.

The exact penalties you will face vary based on factors like your prior criminal record, the specific circumstances of the trespass, and any other offenses that you may have committed at the same time. Whatcom County judges take these aspects into account when determining an appropriate sentence.

What Happens When You Are Charged With Criminal Trespass In Whatcom County?

When charged with criminal trespass in Bellingham, the process typically follows several key steps within the Washington legal system. Here's what to expect:

1. You Will Be Arrested And Booked: If caught in the act of trespassing, Bellingham law enforcement may arrest you on the spot. They will then take you to the Bellingham police station or the Whatcom County jail, where you'll be booked. Booking is where they record your personal information and the details of the alleged crime and take fingerprints and mugshots.
2. You Receive A Notice To Appear Or Detention: Depending on the severity of the case and your criminal history, law enforcement may release you with a notice to appear in court at a later date. If the situation is more serious or if there are concerns about your appearance in court, you might remain detained until you can appear before a judge.
3. You Will Have Your First Court Appearance: During your first court appearance or arraignment, the court will formally read the charges against you, and you'll have the opportunity to enter a plea of either not guilty, guilty, or no contest. If you haven't hired an attorney yet but the case warrants legal representation, the court may appoint one for you if you qualify.
4. You Go Through Pre-Trial Proceedings: If you enter a not-guilty plea, the case will progress to pre-trial proceedings, during which your defense attorney and the prosecution may negotiate plea deals. Additionally, your attorney might file motions to contest the prosecution's evidence or seek case dismissal on procedural grounds.
5. Your Case Will Go To Trial: If the prosecutor and your attorney cannot reach a plea agreement, the case will proceed to trial, which involves the prosecution and your defense attorney presenting their evidence and arguments. For a misdemeanor charge like criminal trespass, the trial may be before a judge, also known as a bench trial, rather than a jury trial.
6. The Judge Will Sentence You: If convicted, sentencing will follow. The penalties for criminal trespass in Whatcom County can include jail time, fines, community service, and probation, depending on whether it's a first-degree or second-degree charge.

After sentencing, you may have options for appealing or applying for expungement of the criminal record under certain circumstances. Your Bellingham trespass attorney can help you understand your next steps.

How Does An Attorney Defend A Criminal Trespass Charge?

An attorney defending a criminal trespass charge in Washington State can employ several strategies, depending on the specifics of the case. The primary goal is to cast doubt on the prosecution's assertions and demonstrate that the legal criteria for trespass have not been met. Let’s explore some common defense strategies along with relevant laws:

• Challenge The Evidence Presented By The Prosecution: Under RCW 9A.52.070 and RCW 9A.52.080, the prosecution has to prove that you knowingly entered or remained unlawfully on the property. Your attorney might argue that you were unaware that your presence was unauthorized or that you genuinely believed you had permission to be there.
• Argue Mistake Of Fact: Your defense can argue that you mistakenly believed you had the right to be on the property, with your attorney showing someone you reasonably believed had the authority to grant permission onto the property invited you.
• Argue Lack Of Notice: For a trespass to be considered unlawful, there often needs to be clear communication that you cannot legally enter the property. If your attorney can show that the property owner gave no such notice or that it wasn't visible or understandable, they may successfully argue against the charge. Notice could be in the form of signage or a verbal warning.
• Argue Implied Consent: Sometimes, the circumstances imply consent to enter. If the property is typically open to the public or the entry occurred under conditions that would suggest to a reasonable person that entry was allowed, your defense can argue that the trespass was not criminal.
• Provide A Legally Acceptable Explanation: If you entered or remained on the property due to an emergency, this could justify your otherwise unlawful presence. For instance, entering a property to seek help after an accident might be defended on these grounds.
• Argue There Is Insufficient Evidence: As with any criminal charge, your defense can always argue that the prosecuting attorney failed to meet the legal burden of proof. If the evidence does not conclusively show that you knowingly and unlawfully trespassed, the charge should not stand.

Each of these defenses requires a thorough investigation of the case facts and a strategic legal approach. This is where an experienced attorney comes in.

They will assess all available evidence, including witness statements, surveillance footage, and the conditions surrounding the alleged trespass, to build a robust defense tailored to your case.

Contact Our Bellingham Criminal Trespass Attorneys For Assistance

If you're facing a criminal trespass charge, our Bellingham attorneys are here to help. With extensive local knowledge and strong relationships within the Whatcom County courts, we have a proven reputation for winning cases and crafting effective defenses.

Our experienced Bellingham legal team will thoroughly review your case, challenge the evidence, and advocate for your rights to achieve the best possible outcome. Don't navigate the legal system alone—contact us now for a free consultation.