Seattle’s homeless population faces numerous challenges, from accessing adequate shelter to maintaining safety on the streets. One of the less visible but highly damaging hurdles involves trespassing charges.
As the city struggles with increasing homelessness, public and private properties often become temporary shelters for those with nowhere else to turn. However, using these spaces often leads to criminal trespassing charges, pushing vulnerable individuals further into a cycle of legal entanglement and instability.
Understanding Trespassing Laws in Seattle
Trespassing laws in Seattle are designed to protect private property and ensure public safety. Under Washington State law, trespassing occurs when someone enters or remains on another person’s property without permission. There are two degrees of trespassing charges:
Second-Degree Criminal Trespass
Second-degree criminal trespass involves unlawfully entering or remaining on property that is not a building, and this offense is considered a misdemeanor and carries potential time in jail and fines.
First-Degree Criminal Trespass
First-degree criminal trespass is a gross misdemeanor that occurs when an individual knowingly enters or remains in a building unlawfully. First-degree trespassing often carries harsher penalties, longer jail time, and more expensive fines than second-degree.
How Homelessness Leads to Trespassing Charges
For many people experiencing homelessness, finding a safe and secure place to sleep is a daily struggle. Shelters often reach capacity, and waiting lists can be long. Public spaces, such as parks, transit stations, and storefronts, become default options for shelter. Unfortunately, these spaces are often off-limits after certain hours or altogether, leading to frequent trespassing citations.
Lack of Shelter Options
Seattle has a limited number of emergency shelters and transitional housing facilities. Many individuals are turned away due to overcrowding, leaving them with no alternative but to seek refuge in unauthorized spaces. This lack of options creates a situation where sleeping on public or private property becomes a matter of survival.
Increased Enforcement of Trespassing Laws
In response to public complaints and safety concerns, Seattle has increased enforcement of trespassing laws. Property owners often request that law enforcement remove individuals sleeping on their premises, which results in criminal charges. While intended to maintain order, these measures often exacerbate the struggles faced by those experiencing homelessness.
The Legal and Personal Consequences of Trespassing Charges
When a homeless individual is charged with trespassing, the consequences extend far beyond the initial arrest. Even minor offenses can have long-lasting effects, further entrenching individuals in poverty and homelessness.
Criminal Records Create Barriers
A trespassing conviction creates a criminal record, making it difficult for individuals to secure housing, find employment, or qualify for assistance programs. Landlords and employers often view criminal records as a red flag, limiting opportunities for stability and self-sufficiency.
Fines and Court Costs Compound Financial Struggles
Even when jail time is avoided, fines and court fees associated with trespassing charges can accumulate quickly. For someone already living without a steady income, these financial obligations can be insurmountable, leading to additional legal penalties or further involvement in the criminal justice system.
Bench Warrants and Arrests
When individuals fail to appear in court or cannot pay fines, bench warrants may be issued, leading to future arrests and additional legal consequences, which perpetuates a revolving door of incarceration, further disconnecting homeless individuals from critical resources.
Psychological Impact of Repeated Criminalization
Repeated interactions with law enforcement and the legal system take a significant psychological toll on people experiencing homelessness. The stress of facing legal consequences, combined with the stigma of criminal charges, contributes to feelings of hopelessness and isolation.
Fear and Distrust of Law Enforcement
Frequent arrests and citations for trespassing can foster mistrust between the homeless community and law enforcement. This strained relationship discourages individuals from seeking help when they need it most, leaving them even more vulnerable to harm.
Increased Risk of Mental Health Decline
The trauma associated with ongoing criminalization can exacerbate existing mental health issues. Anxiety, depression, and post-traumatic stress disorder often worsen as individuals cycle through the legal system without access to adequate support.
Efforts to Address the Problem
Some advocacy groups and local organizations are working to implement alternatives to criminal enforcement, recognizing the negative impact of trespassing charges on the homeless population. Their efforts focus on providing supportive solutions rather than punitive measures.
Pre-Arrest Diversion Programs
Diversion programs, such as Law Enforcement Assisted Diversion (LEAD), aim to redirect individuals charged with minor offenses toward supportive services instead of incarceration. LEAD connects participants with housing, mental health treatment, and addiction services, helping them address the root causes of their circumstances.
Expanded Access to Shelter and Housing
Seattle has been investing in expanding shelter options and increasing the availability of permanent supportive housing. While progress is slow, these initiatives aim to provide safe alternatives to trespassing on public and private property.
Advocating for Policy Changes
Advocates continue to push for changes in public policy that would decriminalize homelessness-related offenses and emphasize solutions focused on housing and mental health support. By addressing the systemic factors contributing to homelessness, these efforts seek to break the cycle of criminalization.
Legal Support and Aid
The criminalization of homelessness through trespassing charges perpetuates a cycle of poverty, instability, and legal entanglement. Seattle’s efforts to address these challenges must prioritize long-term, compassionate solutions that provide real opportunities for individuals to regain control over their lives.
By shifting focus from punishment to support, the city can work toward a more just and equitable future for all its residents. To schedule a consultation with our team, call The Law Offices of Kevin Trombold, PLLC, today at 206-590-7667.
