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Trespass

In Washington State, there are two degrees of land trespassing, in addition to vehicle prowling and computer trespassing. Criminal Trespassing in the First Degree is a gross misdemeanor (punishable by up to a year in jail and a $5000 fine) while Criminal Trespassing in the Second Degree is a simple misdemeanor (punishable by up to 90 days in jail and a $1000 fine).
Under RCW 9A.52.070, a person commits Criminal Trespassing in the First Degree if he or she knowingly enters or remains unlawfully in a building.
Under RCW 9A.52.080, a person commits Criminal Trespassing in the Second Degree if he or she knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.
The difference in the two degrees is essentially whether the defendant was in a building or in open land.
Statutory defenses include:
  • a) The building was abandoned
  • b) The premises were open to the public at the time and the defendant complied with all lawful conditions of being present, and
  • c) The defendant reasonably believed the owner (or person in charge of) the premises would have allowed him or her to be there
Ashbach Law Offices, LLC has successful experience representing people charged with trespassing offenses. We regularly practice in King County, Skagit County, Snohomish County, and Whatcom County.
If you (or someone you care about) have been charged with (or will likely be charged with) a trespassing offense, call Ashbach Law Offices, LLC today at (360) 659-4950 for a free, no-pressure case evaluation. With a reputation in the legal community as caring, effective and aggressive attorneys, we are here to help in stressful times.
Ashbach Law Offices, LLC represents clients charged with criminal offenses in Northwest Washington Courts, including King County, Skagit County, Snohomish County and Whatcom County, as well as other counties on a case-by-case basis. These counties include courts in and for the following cities: Anacortes, Arlington, Auburn, Bellevue, Blaine, Bothell, Burlington, Edmonds, Everett, Issaquah, Kirkland, Lake Stevens, Lynden, Lynnwood, Marysville, Mill Creek, Mukilteo, Monroe, Mountlake Terrace, Monroe, Redmond, Sea-Tac, Seattle, Sedro Woolley, Shoreline, Snohomish, and Tukwila, Washington.
The Ashbach Law Offices, LLC represents clients charged focused on DUI Driving Under the Influence, Reckless Driving, Negligent Driving, Driving with a Suspended License, Hit and Run, Assault, Domestic Violence, Drug Possession (including marijuana), and Paraphernalia Possession, Malicious Mischief, Public Disturbances like Disorderly Conduct, Theft, No-Contact Orders, Harassment, Probation Violation Hearings, as well as speeding tickets.