Property crimes

Trespass

The lawyers at Ashbach Law Offices, LLC provide aggressive, strong defense for those charged with Trespassing throughout Skagit, Snohomish, King and Whatcom Counties. Our goal is to aggressively protect you, your family and your interests from the prosecution, saving jail time, licenses, occupations and reputations. With offices in Marysville and Mill Creek, Washington, we are available to meet you discuss your case. We help good people in bad situations. Let us help you.

Generally


There are two degrees of Trespass in Washington State: Trespass First Degree and Trespass Second Degree. Both degrees require that a person charged actually know that their presence, either inside a building or on the premises of another, is unlawful and not permitted.

A person is said to have entered or remained unlawfully in or upon premises when he or she is not then licensed, invited or otherwise privileged to so enter or remain. This means that permission to be in a certain location can be revoked by a person with appropriate authority. A license or privilege to enter or remain in a building that is partly open to the public is not a license or privilege to enter or remain in that part of the building not open to the public. An example of this would be signs in business that say “employees only.”

The term “premises” is defined to include any building, dwelling or any real property (land).

The term “enter” includes the entrance of the person, or the insertion of any part of the person's body or any instrument or weapon held in the person's hand and used or intended to threaten or intimidate another person or to detach or remove property.

In some instances, a landlord or owner of property may be subject to Trespass laws if entry is done without the tenant’s consent or other authorization.

Defenses include:
a) the building involved having been abandoned,
b) the premises were open to members of the public at the time of the entry, and the person entering complied with all lawful conditions imposed upon entry
c) the person entering reasonably believed he or she was allowed to enter
d) the person entering was a process server

Trespass First Degree (or Trespassing First Degree)


Trespass First Degree is the knowingly entering or remaining unlawfully in a building.

Trespass First Degree is a Gross Misdemeanor, punishable by up to 364 days in jail and/or a $5000 fine. There is no mandatory minimum jail or fine.

Trespass Second Degree (or Trespassing Second Degree)


Trespass Second Degree is the knowingly entering or remaining unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.

Trespass Second Degree is a Simple Misdemeanor, punishable by up to 90 days in jail and/or a $1000 fine. Like with First Degree, there is no mandatory minimum jail or fine.

Ashbach Law Offices, LLC, aggressively represents clients charged with Trespass offenses throughout the Washington I-5 corridor, covering Skagit, Snohomish, King and Whatcom Counties. Regular courts of practice include, but are not limited to, Anacortes, Arlington, Bellevue, Bellingham, Blaine, Burlington, Edmonds, Everett, Issaquah, Lynnwood, Marysville, Monroe, Mount Vernon, Mountlake Terrance, Redmond, Seattle, Sedro Woolley and Shoreline.