What’s the Difference Between Trespassing and Criminal Trespassing?

Understanding Civil Trespass vs. Criminal Trespass in Washington

Trespassing laws in Washington can be confusing—especially if you’ve never dealt with them before. Many people don’t realize there’s a legal difference between civil trespass and criminal trespass, and that distinction can drastically affect how your case is handled.

Below, we explain the legal definitions, consequences, and most importantly, the difference between trespassing and criminal trespassing—so you know what to expect and when to contact a defense attorney.

What Is Trespass (Civil Trespass)?

Civil trespass—often referred to as “regular trespass”—generally occurs when someone enters private property accidentally or without harmful intent.

Example:

A hiker in a state park might accidentally cross into neighboring private land without realizing it. If the boundaries weren’t clearly marked with fences or signage, the hiker could argue they had no reasonable way of knowing they were trespassing. This would typically fall under civil trespass, not criminal.

While civil trespass can still lead to charges, fines, or even jail time in some circumstances, the lack of intent plays a major role in how the situation is handled. In many cases, proving that the person didn’t knowingly enter private property may help them avoid conviction.

Tip: If you’re unsure how your case is categorized, speak to a top-rated criminal defense attorney in Tacoma to help determine if the incident qualifies as civil trespass.

What Is Criminal Trespass?

Criminal trespass is more serious and involves intent. This means the person knew they were not allowed to enter or remain on the property—but did so anyway.

Continuing the Example:

If the same hiker saw a clearly marked sign stating that the park boundary ends and that the land beyond is private with a “No Trespassing” warning, and they continued anyway, that could escalate the case to criminal trespass.

Types of Criminal Trespass Charges in Washington

Washington recognizes two degrees of criminal trespass:

Criminal Trespass in the First Degree

• Classification: Gross misdemeanor
• Definition: Knowingly entering or remaining unlawfully in a building
• Penalties: Up to 364 days in jail and a fine up to $5,000

Criminal Trespass in the Second Degree

• Classification: Misdemeanor
• Definition: Knowingly entering or remaining unlawfully on someone’s land or property (but not in a building)
• Penalties: Up to 90 days in jail and a fine up to $1,000

Because criminal trespass charges are based on intent and knowledge, they require a more strategic legal defense. If you’re accused of knowing and willful trespassing, contacting an attorney immediately is crucial.

Trespass vs Criminal Trespass: What’s the Legal Difference?

The key difference between trespassing and criminal trespassing in Washington lies in intent and awareness:

Civil Trespass	Criminal Trespass
Typically unintentional	Knowingly entering or remaining
Often resolved without criminal penalties	May lead to arrest and conviction
Usually involves no signage or clear boundaries	Often includes posted warnings or restricted areas
May result in civil liability (e.g., fines)	Can result in jail time and a criminal record

Knowing which side of the line your case falls on can make a major difference in your legal strategy and outcome.

Let Us Advise You

If you or someone you know is facing charges related to trespass or criminal trespass, don’t wait to seek guidance. The sooner you involve a legal professional, the better your chances of resolving the issue effectively.