Criminal Trespassing in Washington State

Ashbach Law Offices, LLC has extensive experience representing clients who have been charged with Criminal Trespassing (First and Second Degree) in Snohomish and Skagit Counties.  Our successful results include many dismissals, reductions in charges, agreements to dismiss after a set period of time, and other non-conviction results. If you have a question about Criminal Trespassing, call us at (360) 659-4950 for a free, no-pressure consultation.  Please read below for more information.

Criminal trespassing is a lesser cousin to Burglary and First Degree Vehicle Prowling, which are felonies. In Washington, Criminal Trespass is split up into two degrees, Criminal Trespass in the First Degree and Criminal Trespass in the Second Degree.  First Degree is a gross misdemeanor (punishable by up to $5000 in fines and 365 days in jail), while Second Degree is a simple misdemeanor (punishable by up to $1000 in fines and 90 days in jail).

Criminal Trespass in the First Degree may be charged when a person allegedly “knowingly enters or remains unlawfully in a building.”  This can include breaking into a building or residence, or failing to leave a building or residence when requested to leave by the owner/operator of the premises. Often, a store may “trespass” a person who has shoplifted there, warning them they cannot return to the business. If the person returns and enters the building, that person has allegedly committed Criminal Trespass in the First Degree.

Criminal Trespass in the Second Degree may be charged when a person “knowingly enters or remains unlawfully in or upon the premises of another” where it does not amount to First Degree (not a building).  This includes going onto another’s property when specifically told not to enter (by way of No Trespassing signs, for example).

Both First and Second Degree require knowledge; this means that if you didn’t know your presence in a building or on property was without permission and unlawful, a skilled lawyer should be able to defeat the charge, as we have in many circumstances.

In addition to lack of knowledge, there are several statutory defenses to these charges, as well as some creative, non-statutory defenses that a good attorney can pursue.

We aggressively represent our clients charged with Criminal Trespassing in all of Snohomish County and Skagit County, whether it be in municipal or district courts. Common cities in which we practice include: Anacortes, Arlington, Burlington, Edmonds, Everett, Lake Stevens, Lynnwood, Marysville, Monroe, Mount Vernon, Mountlake Terrace, Mukilteo, and Sedro Woolley, Washington.
We have offices in Burlington, Everett and Marysville for your convenience.

RCW 9A.52.070 - Criminal trespass in the first degree.

(1) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a building.

(2) Criminal trespass in the first degree is a gross misdemeanor.

RCW 9A.52.080 - Criminal trespass in the second degree.

(1) A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.

(2) Criminal trespass in the second degree is a misdemeanor.