Seattle Criminal Trespass Attorney
Washington Criminal Trespass Laws
Under Washington law, criminal trespass occurs when a person knowingly enters or remains on another person's property without lawful permission. While trespass charges may seem minor, they can carry serious consequences — particularly when they are designated as domestic violence offenses.
If the alleged trespass involves family or household members, prosecutors may add a domestic violence designation, which can trigger additional restrictions and court orders.
Degrees of Criminal Trespass in Washington
Washington law recognizes two degrees of criminal trespass:
Criminal Trespass in the First Degree (RCW 9A.52.070)
A person is guilty of criminal trespass in the first degree if he or she knowingly enters or remains unlawfully in a building.
This charge typically involves unlawful entry into a residence or structure. In domestic violence cases, it often arises when someone is accused of entering or refusing to leave a partner's or former partner's home.
Classification: Gross Misdemeanor
Potential Penalties:
- Up to 364 days in jail
- Fines up to $5,000
- Probation and court-ordered conditions
Criminal Trespass in the Second Degree (RCW 9A.52.080)
A person is guilty of criminal trespass 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.
This charge typically involves unlawful presence on land, vehicles, or other non-building property.
Classification: Misdemeanor
Potential Penalties:
- Up to 90 days in jail
- Fines up to $1,000
- Probation
When Criminal Trespass Becomes Domestic Violence
A trespass charge may be labeled domestic violence if it occurs between:
- Spouses or former spouses
- Dating partners or former partners
- Individuals who share a child
- People who currently or previously lived together
- Parents and children
When designated as domestic violence, additional consequences may include:
- No Contact Orders
- Removal from a shared residence
- Firearm restrictions
- Mandatory counseling conditions
Criminal Trespass Defenses
Several defenses may apply in criminal trespass cases. Under Washington law, a person may not be guilty of trespass if:
- The property was abandoned
- The property was open to the public and access rules were followed
- The person reasonably believed they had permission to be present
Intent and lawful authority are critical issues in trespass cases. In domestic situations, misunderstandings about access rights — particularly in shared residences — are common.
Seattle Criminal Trespass Defense Attorney
Even misdemeanor charges can have lasting consequences when domestic violence is involved. Prosecutors do not need the alleged victim's consent to proceed with charges once a case is filed.
Steve Karimi is a former King County prosecutor with more than 25 years of criminal law experience. He carefully evaluates whether entry was truly unlawful and whether a domestic violence designation is legally justified.
If you have been charged with criminal trespass in Seattle, contact The Law Offices of Steve Karimi for a confidential consultation available 24/7.