Criminal Trespass in Bellevue
In Bellevue, you must get the owner's permission before entering their property. Otherwise, you may face criminal trespass charges. Trespassing is a crime in Washington state because when you access someone's property without their permission, you are violating their property rights. Further, you are risking unintended consequences like safety risks and conflicts.
King County Criminal Courts charge criminal trespass as a misdemeanor, so the penalties for a criminal trespass conviction in Bellevue can be steep. If you are facing a criminal trespass charge, whether because you intentionally or unintentionally entered someone's property, you need our experienced Bellevue criminal defense attorneys.
Our Bellevue Criminal Attorneys Will Defend Your RightsWith decades of experience and a proven track record, our local Bellevue legal team has earned a reputation for getting the agreeable outcomes for criminal cases. We've developed professional relationships with King County prosecutors and judges and know how to meet their high expectations regarding evidentiary standards, legal arguments, and procedural strategies. Using our in-depth understanding of Washington state criminal statutes, case law, and the local King County Courts, we'll craft an effective defense strategy.
When you hire us, we take care of everything––from filing pre-trial motions and negotiating plea agreements to litigating aggressively in King County Courts. We'll defend you and help protect your future. If you are facing criminal trespass charges in Bellevue, call our law offices now to schedule a free consultation with a trusted Bellevue criminal defense attorney who specializes in trespass cases.
Why Am I Being Charged With Criminal Trespass?Under Washington state Law, King County Criminal Courts charge you with two types of criminal trespass depending on the severity of your offense:
- First-Degree Criminal Trespass: You will face first-degree trespass charges if you knowingly or unknowingly enter or remain unlawfully in a building. First-degree trespass is a gross misdemeanor.
- Second-Degree Criminal Trespass: You will face second-degree trespass charges if you knowingly or unknowingly enter or remain unlawfully on another's property that is not a building. Second-degree trespass is a misdemeanor.
You will face criminal trespass charges in Washington state if you:
- Ignore "No Trespassing" signs and enter fenced-off or clearly marked private land.
- Stay in a store after being asked to leave by the owner or security.
- Enter a vacant house, warehouse, or other structures without permission.
- Access a gated residential community without permission or bypassing security gates.
- Walk into employee-only areas in a workplace or other restricted zones.
- Set up tents or sleep on land without the property owner's consent.
- Remain in someone's home or property after the host has asked you to leave.
- Use privately owned land for hiking, hunting, or other activities without permission.
You can face severe penalties if the courts convict you of trespassing offenses in Bellevue.
What Are The Penalties For Criminal Trespass In Washington State?Penalties for a criminal trespass conviction in Washington state are severe:
First-Degree Criminal Trespass
- Classification: Gross Misdemeanor
- Penalties:
- Up to 364 days in jail
- Fines of up to $5,000
Second-Degree Criminal Trespass
- Classification: Misdemeanor
- Penalties:
- Up to 90 days in jail
- Fines of up to $1,000
Beyond the legal penalties for criminal trespass, there are other consequences of a conviction. Having a criminal record, even for a misdemeanor, can negatively affect job prospects, damage your reputation, and make it harder to get rental housing.
If you are facing criminal trespass charges, do not wait because your future is at stake. Call us now for a free consultation about your trespassing case. Our Bellevue criminal defense attorneys can help.
Legal Defenses Against Criminal Trespass In Washington StateDepending on the circumstances of your criminal trespass charges, we will explore several legal defenses, including:
- Mistake Of Fact: If you enter a private area that appeared to be a public park or mistook a private driveway for a public access road, your attorney could argue that this confusion negates the criminal intent required for a trespassing charge.
- Permission or Consent: Under Washington state law, if the property owner or authorized individual gave you explicit consent to enter, it's not trespassing. Your attorney could argue you had permission to be on the property or the owner or person in charge of the property, like a security guard, consented to your presence.
- Necessity Defense: In some situations, you might have entered private property due to an emergency or out of necessity. If you were trying to avoid harm or seek safety and had to go onto someone's land to do so, your attorney could argue that you had no other reasonable choice but to enter the property to prevent greater harm.
- Lack Of Notice: If the property had no visible signs or barriers indicating it was restricted, your attorney might argue that you didn't know the property was off-limits.
- First Amendment Protection: If your presence on the property was an expressive activity, like protesting or engaging in free speech in a public forum, the First Amendment may protect you. However, this defense is limited and depends on whether your actions were in breach of the peace.
In Washington state, your attorney can fight criminal trespass charges on multiple grounds. Our Washington criminal trespass lawyers will build a legal strategy tailored to your case.
Facing Trespassing Charges? Call Our Bellevue Law Offices Now!Bellevue is the perfect place to go exploring. Known for its sleek tech campuses and bustling business hubs like those around Factoria or the Spring District, there's so much to see in the city. It also has lush parks like Lake Sammamish State Park and Mercer Slough Nature Park. Unfortunately, with so much to explore, it's easy to find yourself on the wrong side of a trespass charge. For example, you may have strayed too far off the path or lingered at an office building without realizing you were in a restricted area.
Criminal trespass charges can come out of nowhere. However, our attorneys firmly believe that we can challenge every trespass charge in court because we have over 20 years of successfully doing so. Whether it's a misunderstanding with security or a mix-up over permissions, we'll work to untangle the situation and protect your rights.
If you or a loved one are up against facing criminal trespass charges, you must speak to a qualified attorney immediately. Our experienced and aggressive Bellevue criminal defense attorneys have extensive legal knowledge and know several effective defense strategies.
Trespassing is basically knowingly going or remaining in a place where you are not allowed to be. There are a variety of reasons why someone may be accused of trespassing, whether it be because of a misunderstanding or because someone was extremely intoxicated.
The two main types of trespassing are indicated by their degree. Trespassing 1° is when you knowingly ender or remain unlawfully in a building. This is a gross misdemeanor which has a maximum penalty of 364 days in jail and a $5,000 fine. There is no mandatory penalty though. This would normally be the charge you face if you are asked to leave an establishment, like a Bellevue bar, but refuse to do so.
A step down is trespassing 2° which is a misdemeanor. Misdemeanors are punishable by up to 90 days in jail and a $1,000 fine. This degree is just like 1° except there is no building involved. So if you trespass onto someone else’s property but do not go into any buildings, then you could be facing this charge.
If you are being accused of trespassing, contact our Bellevue office. Our firm's experienced, skilled criminal defense lawyers will help you understand what you are facing and let you know your options.