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