Understanding Trespass Charges in Washington State

In Washington, trespassing is more than just being in the wrong place—it’s a criminal offense that can carry serious consequences, especially for repeat offenders. Whether it happens on private property, a business, or even a public area with restricted access, a criminal trespass charge can result in jail time, fines, and a permanent record. Knowing the difference between first- and second-degree trespass, along with possible defenses, is critical if you or someone you know is facing these allegations.

First-Degree Criminal Trespass

First-degree criminal trespass is the more serious of the two offenses. Under RCW 9A.52.070, a person commits first-degree trespass when they knowingly enter or remain unlawfully in a building. The term “building” includes any structure used for lodging, business, education, or storage—including homes, schools, garages, or office buildings. Because this charge involves entering a structure rather than just open land, it is classified as a gross misdemeanor. A conviction may result in up to 364 days in jail and a fine of up to $5,000.

First-degree trespass often arises in situations involving alleged break-ins or re-entry into a home or apartment after an eviction or no-contact order. The prosecution must prove not only that the accused was unlawfully inside the building, but also that they knew they were not allowed to be there.

Second-Degree Criminal Trespass

Second-degree criminal trespass, governed by RCW 9A.52.080, applies when someone unlawfully enters or remains on property that is not a building—such as a fenced lot, a school field, or a posted business parking lot after hours. This is considered a simple misdemeanor, punishable by up to 90 days in jail and a $1,000 fine.

This charge is commonly filed when someone ignores “No Trespassing” signs or refuses to leave a business after being asked by the owner or police. While it may seem minor, a conviction can still impact employment, housing, and other aspects of life.

Common Defenses to Trespass Charges

Several defenses may apply in a trespass case, depending on the facts. One of the most common is lack of intent. If the person did not knowingly enter unlawfully—for example, if signs were not clearly posted or if the area appeared open to the public—they may have a valid defense.

Another defense involves mistaken belief of permission, such as entering a property with the reasonable belief they had the owner’s consent.

In some cases, necessity or emergency may justify the presence on the property—for example, seeking shelter from danger or trying to assist someone in distress. Additionally, violations of constitutional rights, such as unlawful search or arrest, may be grounds to suppress evidence and challenge the prosecution’s case.

Consequences of a Trespass Conviction

Even though trespass may be classified as a misdemeanor, the long-term consequences can be significant. A conviction goes on your criminal record, which can affect background checks for jobs, housing, loans, and even volunteer opportunities. For individuals with prior convictions, especially those involving domestic violence or property crimes, a trespass charge may carry enhanced penalties or lead to probation violations.

Repeat offenses or charges that occur in connection with other crimes—such as theft or harassment—can also result in more severe penalties or influence how prosecutors and judges handle the case. This makes it essential to seek legal counsel as early as possible.

Get Help from an Experienced Defense Attorney

If you’re facing trespass charges in Washington State, don’t take it lightly. Whether the allegations involve a misunderstanding or something more serious, you have legal rights and options. At the Law Office of Erin Bradley McAleer, we defend individuals accused of trespass and related offenses throughout Washington. Our team will work to understand your side of the story, challenge weak evidence, and fight for the best possible outcome. Contact us today to schedule a consultation and protect your future.