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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 is a gross misdemeanor. Criminal Trespass in the Second Degree is a misdemeanor.
The primary difference between first- and second-degree trespassing is the location where you were charged with trespassing. If your trespassing was in a building then it’s considered first-degree. However, if your trespassing was just on the premises (outdoors), it’s considered second-degree.
| 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 remains the same. We will help you avoid conviction on a criminal charge, but perhaps more importantly, keep you out of jail.
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Michael was so helpful in getting a traffic ticket dismissed for me. He was very prompt, professional and thorough in his communication with me through the whole process. I would recommend Mike’s services to anyone – Jack Lindley – 5 Stars on Google My Business
I retained Mike to represent me in court while facing a DUI in Puyallup Court. He was knowledgable of the best course of action to avoid a 5-year interlock on my vehicle. I appreciate that he is comfortable with texting, as this is an easy and fast way to communicate simple questions. His fees are reasonable and he knows the folks at the Puyallup Courthouse. I am a local business owner, so it was important to me to ‘buy local.’ According to his peers he is also a great attorney with a great reputation within the law community. Highly recommend! – Jeremy Hamel – 5 Stars on Google My Business
