Criminal Trespassing and Domestic Violence

When emotions run high in personal relationships, actions that seem justified in the moment can lead to criminal charges, strained family ties, and long-lasting repercussions. In Washington, criminal trespassing charges already carry strict penalties, but when this act occurs in the context of a Tacoma domestic violence conviction, the consequences can be more severe. If you find yourself in this situation, it is important to understand the law and obtain strong legal representation to protect your rights and future.

What Is Criminal Trespassing in Washington State?

In Washington, criminal trespassing occurs when someone knowingly enters or remains unlawfully on another’s property. The severity of the charge depends on the specific circumstances of the case. There are two types of criminal trespassing crimes in the state:

• Criminal Trespass in the First Degree: According to the Revised Code of Washington (RCW) 9A.52.070, this crime involves unlawfully entering or staying in a building. This offense is classified as a gross misdemeanor, carrying penalties of up to one year in jail and fines reaching $5,000.
• Criminal Trespass in the Second Degree: Under RCW 9A.52.080, second-degree criminal trespass applies to unlawful presence on properties other than buildings. This might include land, vehicles, or other structures. As a misdemeanor, it can result in up to 90 days in jail and fines up to $1,000.

How Criminal Trespass Relates to Domestic Violence Cases

When criminal trespass intersects with domestic violence, the situation becomes even more complicated. Additional penalties may apply, and the court might issue restraining orders in response to the accused’s actions. If you are facing these penalties, your freedom can be severely restricted.

Domestic violence charges arise when certain crimes occur between family or household members. This broad category encompasses current and former spouses, cohabitants, blood relatives, people related by marriage, dating partners, and biological or legal parents and children.

Criminal trespass can become a domestic violence offense when committed against a family or household member. For instance, entering an ex-spouse’s home without permission during a heated dispute could lead to criminal trespass charges with a domestic violence designation.

If you are subject to a no-contact or civil protection order and violate these terms, you may also face criminal trespassing charges in addition to penalties associated with breaking the order. For example, if you breach a no-contact order by entering your former partner’s property, you could face first-degree criminal trespass charges.

Don’t Wait to Seek Help—Contact Mark S. Treyz Today

Criminal trespassing charges can be serious, and when they occur within the context of an ongoing domestic violence case, the penalties can be even steeper. If you are facing accusations of domestic violence or criminal trespass, you need an attorney on your side who can protect your best interests—and The Law Offices of Mark S. Treyz can help.

We offer the experience and knowledge that you need to navigate these complex legal matters. Our firm will analyze the evidence, identify potential weaknesses in the prosecution’s case, and develop a robust defense strategy tailored to your situation. Contact us at (253) 272-8666 now to speak with a Washington criminal defense attorney who will fight to protect your rights and your future.