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Trespass Attorney


Washington Trespass Criminal Attorney Michael Harbeson Can Help!

The State of Washington recognizes two degrees of criminal trespassing, both of which can mean jail time and fines if convicted. Criminal Trespass in the First Degree, a gross misdemeanor, and Criminal Trespass in the Second Degree, a misdemeanor. The primary difference between first- and second-degree trespassing is the location where you were caught. If it was in a building, it’s considered first degree; if it was just on the premises (outdoors), it’s considered second degree.

When can you be charged with Trespassing?

The penalties you face if convicted depend upon which degree of criminal trespassing:

1st Degree 2nd Degree
Charge Gross Misdemeanor Misdemeanor
Jail Up to 1 year Up to 90 days
Fines and Penalties Up to $5,000 Up to $10,000

A number of statutory defenses can apply when a person is charged with either Criminal Trespass 1 or 2. First, it is not trespassing if the building at issue is abandoned. Second, it is not trespassing if, at the time of entering or remaining, the premises were open to the public and the actor complied with whatever conditions were imposed on access to or remaining in the premises. Third, it is not trespassing if the actor reasonably believed that he or she would have been given permission had they asked.

Regardless of the degree charged the goal remain the same. We will help you avoid the conviction for the criminal charge, but perhaps more importantly, keep you out of jail.


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