Unwelcome Entry: Understanding Criminal Trespass in Mount Vernon

The scenic beauty of Mount Vernon, combined with its small-town charm, makes it a desirable city to live and work in. With a population of around 35,000 residents, it boasts an eclectic mix of suburban neighborhoods, historic districts, and thriving local businesses. However, like any other city, Mount Vernon also faces issues related to property crimes, including criminal trespass.

Criminal trespass, which involves unlawfully entering or remaining on someone else’s property, can disrupt the peace and security of both residents and businesses in this charming town. The agricultural landscape, with its extensive farmlands and private properties, makes understanding and addressing criminal trespass particularly important in Mount Vernon.

Criminal trespass in Washington State is defined under Chapter 9A.52 of the Revised Code of Washington (RCW). It generally involves unlawfully entering or remaining on someone else’s property and is categorized in two degrees:

Criminal Trespass in the First Degree (RCW 9A.52.070): This gross misdemeanor involves a person committing this crime when knowingly entering or remaining unlawfully in a building. This offense usually carries harsher penalties because of the increased potential there is for harm or property damage associated with buildings.

Criminal Trespass in the Second Degree (RCW 9A.52.080): Considered a misdemeanor, second-degree criminal trespass is when someone remains unlawfully on another person’s property or knowingly enters, which is not a building. This generally pertains to open land or areas that aren’t enclosed in a building.

The term "knowingly" means that the person was aware that they were remaining on or entering the property without permission. This can be proven through signs, barriers, or prior warnings.

Criminal trespass can apply to public property if an individual enters an area that is clearly marked as restricted or closed to the public.

Yes, if someone enters a property during an emergency, like they would if they were attempting to avoid immediate harm or to help someone in danger, this can serve as a defense against trespassing charges.

The penalties for criminal trespass in Mount Vernon, Washington vary depending on the degree of the offense that was committed.

Being a gross misdemeanor, this offense can result in:

• Up to 364 days in jail
• A fine of up to $5,000

In addition to these criminal penalties, a conviction can result in a permanent criminal record, which may affect employment opportunities, housing applications, and more.

As a misdemeanor, this offense is punishable by:

• Up to 90 days in jail
• A fine of up to $1,000

Though the penalties are less severe than for first-degree trespass, a conviction still carries significant repercussions, including a criminal record.

In Washington, certain misdemeanor convictions can be vacated under specific conditions. For example, completing all Skagit County Court-ordered requirements and maintaining a clean record for a set period.

A criminal record can affect job prospects, housing applications, and professional licenses. It can also influence sentencing in future legal matters you may find yourself in.

If you are face to face with criminal trespass charges in Mount Vernon, some common defenses could be used to help your case.

Lack of Intent: The prosecution must prove that the defendant knowingly entered or remained on the property unlawfully. If the entry was accidental or the defendant believed they had the right to be there, this could be a valid defense.

Consent: If the property owner or an authorized individual is permitted to enter or remain on the property, this can serve as a defense against trespassing charges.

No Notice: For second-degree trespass, it must be shown that the defendant was aware or should have been aware that entry was prohibited. If there were no signs or clear indications that entry was not allowed, this could be a viable defense.

Lawful Purpose: If the defendant had a lawful purpose for being on the property, such as emergency circumstances, this may be a valid defense.

Evidence of consent in these cases can include written or verbal permission, witnesses, or even prior communication that indicated you were allowed access.

Demonstrating the lack of intent involves showing a lack of signs or barriers indicating you were entering private property. You can also provide evidence of a mistaken belief about the property’s boundaries.

If you were following someone who you believed had the right to be there, this might support a defense of lack of intent or mistaken belief.

Criminal trespass is closely related to other offenses, such as burglary and unlawful entry. Understanding the differences between these offenses is important because the legal consequences and proof you need to show can vary.

Burglary involves unlawfully entering a building with the intent to commit a crime inside. Unlike trespass, burglary requires proof of intent to commit an additional crime, such as theft or vandalism. It is a more severe offense and carries stricter penalties, ranging from a class B to a class A felony.

Unlawful entry without specific criminal intent may sometimes be charged under this statute. While it is a less severe offense compared to burglary, the penalties can still be significant, depending on the circumstances.

Burglary involves intent to commit an additional crime within the property, while criminal trespass solely involves unauthorized entry or remaining.

Yes, it is possible to face both charges if the circumstances meet the criteria for each offense.

In Washington, penalties for burglary range from class B to class A felonies, which can result in lengthy prison sentences and substantial fines.

If you believe someone has trespassed on your property in Mount Vernon, it’s important to report the incident to local law enforcement agencies. The police will then investigate the complaint. If there is sufficient evidence, the trespasser may be prosecuted.

Make sure to gather evidence, including photographs, witness statements, and any physical signs of trespass, to strengthen your case against them.

Immediately report the incident to the police and make sure to provide as much detail as possible about the trespasser and the circumstances.

The police will typically interview witnesses, collect evidence, and inspect the property to determine if a trespass occurred and gather proof for prosecution.

For property owners and businesses, criminal trespass can pose some serious concerns. Not only does it threaten the security of your property, but it can also result in damage and financial losses.

To mitigate these risks, property owners are encouraged to take proactive measures:

• Post Clear Signage: Clearly mark boundaries and post "No Trespassing" signs to deter potential trespassers.
• Secure Property: Use locks, fences, and surveillance systems to secure buildings and land.
• Report Suspicious Activity: Promptly report any suspicious activity to law enforcement to prevent potential trespass incidents.

Yes, repeat trespassers can be subject to criminal charges and civil actions for any damages or disturbances caused.

Businesses can implement security measures such as controlled access points, security personnel, and regular property patrols to protect against trespassing.

Whether you are a victim of trespass or facing trespass charges, seeking legal assistance is important and is a step you don’t want to skip. An experienced attorney can help navigate the complexities of trespass laws, protect your rights, and advocate on your behalf.

A lawyer can assist in:

• Filing a Report: Guide you through the process of reporting the trespass to law enforcement.
• Gathering Evidence: Help collect and preserve evidence to support your case.
• Civil Remedies: Explore potential civil actions to recover damages caused by the trespass.

A defense attorney can provide:

• Case Evaluation: Assess the facts of your case to identify possible defenses.
• Legal Representation: Represent you in court and negotiate with prosecutors.
• Mitigation: Work to reduce potential penalties and seek alternative resolutions.

If you are falsely accused of trespassing, contact an attorney in Mount Vernon immediately. They can review your case, gather evidence, and build a defense strategy.

If you can prove that the trespassing accusations were knowingly false and caused you harm, then yes, you have grounds for a defamation or malicious prosecution lawsuit.

Look for Mount Vernon attorneys with experience in criminal defense or property law. You can seek recommendations from trusted sources or look into legal directories in Skagit County to help you with your search.

Since criminal trespass is considered a serious offense, you want to take a serious approach. Seek professional legal guidance to help ensure that your rights are protected and you end up with the best possible outcome for your case.