Under Washington law, Criminal Trespass means entering or remaining unlawfully in a place where you are not welcome.
If the place in question is a building, like the inside of a business, Criminal Trespass in the First Degree can be charged. This is a gross misdemeanor, punishable by 0-365 days in jail.
If the place in question is a “premises of another,” the state can charge Criminal Trespass in the Second Degree. This could be charged in situations where a person is caught on someone else’s property without permission, but not in a building. Criminal Trespass 2 is a misdemeanor, punishable by 0-90 days in jail.
We often see Criminal Trespass charged in situations where a person is “trespassed” and then returns to the property. Many of the criminal trespass cases in Snohomish County originate in the Tulalip Casino. Typically, a person is asked not to return after some incident at the casino. Months or years later they return and are arrested for Criminal Trespass.
If you have been charged with Criminal Trespass, or think you are at risk of being charged, contact an experienced Criminal Trespass attorney for advice specific you your case.