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Charged with Criminal Trespass in Washington State?

A criminal trespass charge can carry lasting legal consequences, making it important to understand how Washington law applies to your situation. The state recognizes two degrees of criminal trespass under RCW 9A.52.070 and RCW 9A.52.080, each with its own legal elements and potential penalties. Understanding the differences between these charges is an important first step in determining how to approach your defense.

Our husband-and-wife criminal defense law firm serves clients throughout Western Washington, with experience representing clients through every stage of a criminal trespass case, from investigation and arraignment to trial and resolution.

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Stella Cheng
October 2, 2026
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Michelle was incredibly helpful throughout the entire process. She was professional, responsive, patient, and always took the time to clearly explain what was happening and answer my questions. I really appreciated how much effort she put into my case and how supported I felt from beginning to end. I’m very grateful for her help and for the outcome. I would definitely recommend Michelle to anyone looking for a knowledgeable and reliable attorney. Margarita was also wonderful to work with throughout the entire process. She was always kind, responsive, and incredibly helpful whenever I had questions or needed an update. I truly appreciated her patience, professionalism and all the support she provided along the way. I’m very grateful for the support I received and would highly recommend Will & Will to anyone looking for a professional and reliable legal team.
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tang puze
October 2, 2026
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I had a really good experience working with Michelle and the team. They were always responsive, patient with my questions, and explained everything clearly throughout the process. It was a stressful situation, so I really appreciated having people who were helpful, professional, and easy to communicate with. I’m very thankful for all of their work and for helping me get through everything with a good outcome. I would definitely recommend them.
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Dung Nguyen
October 1, 2026
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Ryan Gullum
September 9, 2026
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I can't thank Court and Margarita enough for helping me through my case. They were exceptional from start to finish and were in constant contact when necessary.
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Eugen Melcescu
September 1, 2026
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Thank you to the entire legal team for your hard work, dedication, and support. I truly appreciate the time, expertise, and dedication. I’m incredibly grateful to Michelle for all of her help and support. She is knowledgeable, professional, compassionate, and truly dedicated to her clients. Throughout the entire process, Michelle was attentive, responsive, and took the time to explain everything clearly, which gave us so much peace of mind. Her hard work, patience, and attention to detail made such a difference. I was in very good hands, and truly appreciate everything she did. I would wholeheartedly recommend Michelle to anyone looking for an attorney who genuinely cares about her clients and goes above and beyond. I also want to say a thank you to Margarita and Sonya for their kindness, and quick response throughout the process. They were always so helpful. Having a caring and supportive team behind Michelle made the entire experience so much easier. Thank you Michelle, Margarita and Sonya. I truly appreciate your hard work.
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Paul
August 29, 2026
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I highly recommend Michelle and her team. From my very first conversation with Michelle, I knew I had found the right attorney. She took the time to clearly explain the legal process, discuss the possible outcomes, and answer all of my questions with honesty, patience, and confidence. That initial conversation immediately put me at ease and gave me complete confidence that I was in capable hands. Throughout my case, Michelle and Margarita kept me informed every step of the way. They provided timely updates, responded promptly to my questions, and always made sure I understood what was happening and what to expect next. They were consistently compassionate, honest, and professional. Their attention to detail, dedication, and genuine care made an incredibly stressful experience much easier to navigate and ultimately helped me reach a favorable outcome. I am truly grateful for everything Michelle and Margarita did for me. Their knowledge, responsiveness, and unwavering support exceeded my expectations. If you’re looking for an attorney who is not only highly skilled and knowledgeable but also genuinely cares about her clients, I would recommend Michelle and her team without hesitation. I could not have asked for better representation or support throughout my case.
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Long N
June 30, 2026
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Court Will and his team did amazing ! And beyond that ! This was probably one of the scariest moments of my life related to false allegations . Court Will was very straight forward and never overpromised . He shared his expertise and communicated through the entire process . I could not express the amount of gratitude for the best results possible . Now I can move on with my life and breathe again . There was a moment where I was very stressed about the situation and Margarita definitely helped and sent positive vibes my way . Before contacting Court Will I spoke to a few other well known defense attorneys but I chose Court Will and his team to represent me related to false allegations . This was the best decision with the best outcome possible . I’m very thankful for Court Will , Margarita - who is very personable and kind , and the entire team . Without the help of Court Will I would not have my career today and my entire life would have been destroyed over false allegations . I did my research and spoke to other attorneys . Court Will and his team is the BEST and the results will deliver . Thank you again !
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Client J
May 5, 2026
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Court and his team did a phenomenal job in representing me when I was at my lowest point I’d ever been. Court was readily available at every crucial juncture of my case and negotiated a deal that allowed me to remain with my family throughout it all. His paralegal Margarita was equally phenomenal. She answered every question and concern I had after the case and during my probationary period and when it came to moving for dismissal she kept me posted with weekly updates and walked me through every step right until it was finally resolved. I never doubted for a second that both Court and Margarita had only my best interests at heart and fight tirelessly for me every second of my case, it is not an exaggeration to say their hard work has given me a whole new lease on life.
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Hakim
May 1, 2026
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I am extremely satisfied with the services provided by Margarita and attorney Michelle Will. Their handling of my case was exceptional. I was particularly impressed with their outstanding communication, which kept me informed and supported throughout the entire process. I highly recommend their services to anyone in need of professional and effective legal representation.
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What Is Criminal Trespass in the First Degree Under RCW 9A.52.070?

First-degree criminal trespass is a gross misdemeanor under Washington law. Under RCW 9A.52.070, a person commits first-degree criminal trespass when they knowingly enter or remain unlawfully in a building.

Elements the Prosecution Must Prove

  • You entered or remained in a building.
  • Your presence was unlawful.
  • You acted knowingly.

Under RCW 9A.20.021, a gross misdemeanor is punishable by up to 364 days in jail, a fine of up to $5,000 or both.

For purposes of Washington criminal law, “building” has a specific legal meaning that extends beyond the way the word is commonly used. RCW 9A.04.110 defines “building” to include its ordinary meaning as well as certain dwellings, fenced areas, vehicles, railway cars, cargo containers, and other structures used for lodging, business, or the use, sale, or storage of goods. How the property involved is legally classified can therefore be an important issue in determining whether first-degree criminal trespass applies.

A person acts unlawfully when they enter or remain on property without permission or legal authority to do so. At trial, the prosecution must prove every element of the offense beyond a reasonable doubt, and the facts of each case determine whether that burden has been met.

Charged with Criminal Trespass in Washington State?

A criminal trespass charge can carry lasting legal consequences, making it important to understand how Washington law applies to your situation. The state recognizes two degrees of criminal trespass under RCW 9A.52.070 and RCW 9A.52.080, each with its own legal elements and potential penalties. Understanding the differences between these charges is an important first step in determining how to approach your defense.

Our husband-and-wife criminal defense law firm serves clients throughout Western Washington, with experience representing clients through every stage of a criminal trespass case, from investigation and arraignment to trial and resolution.

A juvenile youth sitting on a couch with an attorney

What Is Criminal Trespass in the Second Degree Under RCW 9A.52.080?

Second-degree criminal trespass is a misdemeanor under Washington law. Under RCW 9A.52.080, a person commits second-degree criminal trespass when they knowingly enter or remain unlawfully in or upon the premises of another under circumstances that do not constitute first-degree criminal trespass.

“Premises” also has a specific legal definition. Under RCW 9A.52.010, the term includes any building, dwelling, structure used for commercial aquaculture or any real property. In other words, “premises” is broader than its everyday meaning and can include both structures and other real property. The distinction between first- and second-degree criminal trespass therefore depends on how the property and alleged conduct fit the statutory requirements for each offense.

The primary distinction between the two offenses is the type of property involved.

 

First Degree (RCW 9A.52.070)

Second Degree (RCW 9A.52.080)

Classification

Gross misdemeanor

Misdemeanor

Location element

Building

Premises of another

Maximum penalty (RCW 9A.20.021)

Up to 364 days in jail, up to a $5,000 fine

Up to 90 days in jail, up to a $1,000 fine

Note: “Building” and “premises” have specific legal meanings under Washington law. See RCW 9A.04.110 for the definition of “building” and RCW 9A.52.010 for the definition of “premises.”

Although second-degree criminal trespass carries a lower maximum penalty than first-degree trespass, it can still result in a criminal conviction, fines, jail time, and a permanent criminal record. Determining how the property and alleged conduct are classified under Washington’s criminal trespass statutes is an important part of determining which charge may apply.

Statutory Defenses to Criminal Trespass in Washington

Being charged with criminal trespass does not mean a conviction is certain. RCW 9A.52.090 provides specific statutory defenses, and general factual defenses can apply as well.

Abandoned Buildings

The building was abandoned. For first-degree criminal trespass, it is a defense if the building involved was abandoned at the time of the alleged offense.

Public Premises

The premises were open to the public. This defense may apply if the property was open to the public and you complied with all lawful conditions governing entry or remaining on the premises

Authorized Access

You reasonably believed you had permission. A defense may exist if you reasonably believed the property owner, or another person authorized to grant access, would have allowed you to enter or remain on the property.

Serving Legal Process

You were serving a legal process. Washington law also provides a defense when entry onto property was reasonable and necessary to serve the legal process. This defense does not apply to entering a private residence or another building that is not open to the public

Which defense applies, if any, depends entirely on the specific facts of your case. We examine the circumstances carefully before recommending a strategy.

When Criminal Trespass Becomes a Domestic Violence Offense

Under RCW 10.99.020, both criminal trespass in the first degree and criminal trespass in the second degree are designated domestic violence offenses when the parties involved are family or household members.

A domestic violence designation changes the shape of the case. A no-contact order is commonly issued at or before arraignment, which can bar you from returning to a shared home. The designation also follows the case through prosecution and sentencing, and it can affect your record, your housing, and your ability to see family members while the case is pending.

If the person involved in your trespass case is a current or former partner, a family member, or someone else who shares your household, this designation likely applies. Our domestic violence defense page and our guide to no-contact orders in Washington cover what that means for your case in more depth.

residential burglary sentence

How a Criminal Trespass Case Typically Proceeds in Western Washington

While every case is different, criminal trespass charges in King, Snohomish, and Pierce counties generally follow the same basic process.

Charging Decision

The prosecutor reviews the available evidence to determine whether the facts support first-degree criminal trespass, second-degree criminal trespass, or, if applicable, a domestic violence designation based on the relationship between the parties.

Arraignment

At arraignment, the court formally advises you of the charge and asks you to enter a plea. The court may also address conditions of release, including whether to issue a no-contact order if the case involves a qualifying domestic relationship.

Investigation and Case Preparation

After arraignment, both sides exchange evidence and begin preparing their cases. Depending on the facts, the defense may challenge whether the prosecution can prove every element of the offense or whether a statutory or factual defense applies. This may include questions about how the property is legally classified under Washington’s criminal trespass statutes, whether the entry was unlawful or whether the defendant knowingly entered or remained on the property.

Resolution

Many criminal trespass cases are resolved through dismissal, negotiated agreements, or trial. In Western Washington, misdemeanor and gross misdemeanor trespass charges are generally handled in the district or municipal court with jurisdiction over the alleged offense, while felony charges filed alongside a trespass offense may proceed in superior court.

A criminal trespass conviction can have lasting consequences beyond the courtroom, including effects on employment, housing opportunities, and professional licensing. Understanding the legal process early can help you make informed decisions and better prepare for each stage of your case.

Court and Michelle Will

Why Choose Will and Will for Your Criminal Trespass Defense

Will & Will is a husband-and-wife criminal defense law firm representing clients throughout King, Snohomish, and Pierce Counties, including Kent, Renton, Kirkland, Sammamish, Federal Way, Mercer Island, Puyallup, and Everett. 

When you work with our firm, you work directly with the attorneys handling your case from beginning to end. We believe consistent communication and personalized representation are essential, particularly when you’re facing criminal charges that can affect your future.

We are admitted to practice law in Washington, California, and the District of Columbia, and we offer flexible payment plans to help make experienced legal representation more accessible.

Learn more about our attorneys, Michelle Will and Court Will.

Frequently Asked Questions About Criminal Trespass in Washington

What is criminal trespass in the first degree in Washington?

Criminal trespass in the first degree, under RCW 9A.52.070, is a gross misdemeanor. To obtain a conviction, the prosecution must prove that you knowingly entered or remained unlawfully in a building. Under RCW 9A.20.021, the maximum penalty is up to 364 days in jail, a $5,000 fine, or both.

What is criminal trespass in the second degree in Washington?

Criminal trespass in the second degree, under RCW 9A.52.080, is a misdemeanor. It applies when a person knowingly enters or remains unlawfully in or upon the premises of another under circumstances that do not constitute first-degree criminal trespass. “Premises” is defined under RCW 9A.52.010 to include any building, dwelling, structure used for commercial aquaculture or any real property. Under RCW 9A.20.021, the maximum penalty is up to 90 days in jail, a $1,000 fine or both.

What defenses are available to a criminal trespass charge in Washington?

Washington law recognizes several statutory defenses under RCW 9A.52.090, including situations where the building was abandoned, the premises were open to the public, the defendant reasonably believed they had permission to enter or remain, or the entry was reasonably necessary to serve legal process. Other factual defenses may also apply depending on the circumstances of the case.

Can a criminal trespass charge be designated as domestic violence?

Yes. A criminal trespass charge may receive a domestic violence designation when the alleged victim is a family or household member as defined by Washington law. While the designation does not change the elements of the underlying offense, it can affect how the case is handled and may result in a no-contact order or other court-imposed conditions.

Can a criminal trespass conviction be vacated in Washington?

In some cases, yes. Washington law allows certain misdemeanor and gross misdemeanor convictions to be vacated if specific eligibility requirements are met. Whether a criminal trespass conviction qualifies depends on factors such as the type of conviction, your criminal history, and whether you’ve satisfied the statutory waiting periods and other legal requirements.

Criminal Trespass Blog Posts

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The Impact a Criminal Record Has on Family

Your Arraignment May Be Tomorrow. Contact Us Today.

Arraignment in King County typically occurs the next business day after booking. That window is short, and what happens at that first hearing can affect your release conditions, your housing, and your freedom.

We defend clients facing criminal trespass charges throughout King, Snohomish, and Pierce Counties, and we are ready to evaluate your situation.

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