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Criminal Trespass Defense Lawyer in Pullman

Avoiding Harsh Penalties with Solid Defense

There are two degrees of criminal trespass in the State of Washington: Criminal Trespass in the First Degree, a gross misdemeanor, and Criminal Trespass in the Second Degree, a misdemeanor. The consequences for both may include fines, jail time, and community service. Our Pullman criminal defense attorneys will do everything we can to eliminate these possibilities for our clients.

The two different charges can be categorized as follows:

  • Criminal Trespass in the First Degree is defined in RCW 9A.52.070. This crime occurs when a person knowingly enters or remains unlawfully in a building.
  • Criminal Trespass in the Second Degree is defined in RCW 9A.52.080. The prosecution is required to prove that you knowingly entered or remained on premises of another.

Defenses Under RCW 9A.52.090

There are at least three defenses of criminal trespass, whether for first or second degree. The first defense is to show that the building in question was abandoned. The second defense is to show that the alleged trespasser was complying with the conditions of access to the property at the time of entering or remaining on the property. The third defense is to show that the alleged trespasser had reason to believe that if they had asked permission to be on the premises, it would have been given to them.

Misdemeanor Compromise

It’s actually quite common that misdemeanor trespassing charges are “compromised,” meaning that the charges are dropped. If the victim of the crime, the owner of the building or premises, submits to the court that his or her harm has been satisfied, the courts will often drop the charges altogether.

This opportunity is rare for most criminal charges, because usually, the party bringing out criminal charges are the state of Washington and not private citizens. Our attorneys can work to contact the alleged victim of criminal trespass and promote the highest likelihood of their positive cooperation.

Call our Pullman criminal trespass defense attorneys today at (509) 593-4370 to schedule your consultation.

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