Vehicle Prowling Under Washington Law

In Washington State, vehicle prowling generally involves unlawfully entering or remaining inside a vehicle with the intent to commit a crime. The crime is a serious offense that can result in harsh penalties. Please contact a skilled criminal defense attorney now if you are facing any type of misdemeanor or felony charge.

How Does Washington Law Define First Degree Vehicle Prowling?

RCW 9A.52.095 is the Washington statute that sets forth the crime of prowling in the first degree. Per this law, you are guilty of prowling if you:

1. Enter or remain unlawfully in a motor home or a vessel equipped with a cabin, and
2. Do so with the intent to commit a crime.

Note that intent is crucial to this offense. You are not guilty of prowling if you accidentally entered a motor home or vessel. You must do so with the specific intent to commit some crime.

How Does Washington Law Define Second Degree Vehicle Prowling?

RCW 9A.52.100 is the California statute that sets forth the crime of vehicle prowling in the second degree. Per this law, you commit a crime if you:

1. Unlawfully enter or remain inside a vehicle, and
2. Do so with the intent to commit a crime against a person or property inside that vehicle.

Please note that this law does not apply to motor homes or certain types of boats (for example, those with cabins or sleeping and cooking facilities). If you unlawfully enter either of these, and do so with the intent to commit a crime inside, you are guilty of vehicle prowling in the first degree.

What are the Penalties?

Vehicle prowling in the first degree is a Class C felony under Washington law. The crime is punishable by:

• Custody in state prison for up to five years, and/or
• A fine of up to $10,000.

Vehicle prowling in the second degree is charged as a gross misdemeanor. If convicted, you could face the following penalties:

• Custody in county jail for up to one year, and/or
• A fine of up to $5,000.

Can a Defendant Raise a Legal Defense?

Yes. You have the right to contest a prowling charge with a legal defense. You can always challenge a charge by showing that you did not enter a vehicle with the specific purpose to commit an offense inside the vehicle that you entered..

Further, your criminal defense attorney can try to prove that the police somehow violated your rights. Maybe, for example, they:

• Coerced a confession,
• Arrested you without probable cause, or
• Conducted an unlawful search and seizure.

Either of these would result in a judge reducing or dismissing your charges.

Contact Black & Askerov for Help

While a defendant can raise a legal defense to challenge a prowling charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on prowling charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!

* Main image at top by freepik