Trespassing is defined under common law as entering someone else’s land without permission from the owner. However, that definition is quite basic, as trespassing comprises a wide range of offenses, circumstances, and therefore, penalties.
For the leading misdemeanor attorney in the Raleigh area, contact Dewey P. Brinkley today at 919-832-0307 for a free consultation. In meantime, you can find more information about trespassing law below.
First and Second Degree Trespassing
In Raleigh and through Wake County, there are essentially two types of criminal, non-domestic trespassing, both of which are described in North Carolina Statutes Chapter 14, Article 22B. The first type, known as first degree trespassing, involves a person entering the property or building of another, without permission, and that property or building is enclosed or secured in a way that clearly shows an intent of keeping out intruders.
For example, first degree trespassing can occur if a rental property owner, who has established authority over who can enter the building via the tenant’s lease, asked a non-tenant to leave and that non-tenant ignores the request by staying or returning. First degree trespassing can carry a Class 2 misdemeanor charge, punishable by up to 60 days in jail.
A person can be charged with second degree trespassing if he/she enters or remains on the premises of another, without permission, and he/she was asked by the owner to not enter or remain or there was reasonably posted signage. Although quite similar to the first degree charge, second degree trespassing is much more common when trespassing on land, as opposed to enclosed or secured buildings.
Domestic Criminal Trespass
A third type of trespassing is domestic criminal trespassing (N.C. Gen. Stat. § 14-134.3). In short, this type of trespassing is common among married couples who have separated or divorced, and because of the greater potential for violence and/or other issues in these cases, it is charged as a Class 1 misdemeanor. Domestic trespassing occurs if, after having been forbidden to enter or after having been ordered to leave by the lawful occupant of the home, the trespassing person enters or refuses to leave. Two elements are essential in these cases, including:
- The home must be occupied by the person’s present or former spouse, and
- The spouses are currently living apart.
For Your Trespassing Charge, Contact Dewey P. Brinkley Today
A misdemeanor is a serious charge, and it can carry some long term consequences, such as the creation of a criminal record. With years of experience in defending clients charged with trespassing, Raleigh defense attorney Dewey P. Brinkley ensures a comprehensive legal representation as well as an aggressive defense in court.
If you’ve been charged with trespassing, contact Dewey P. Brinkley at 919-832-0307 for a free consultation.