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Law Offices Of Wiley Nickel, PLLC


What is Trespassing?

In North Carolina, a person may be charged with first degree trespassing if the individual enters and remains on the premises of another without permission which is so enclosed as to demonstrate clearly an intent to keep out intruders, or enters and remains in a building of another without permission. First degree trespassing is a class 2 misdemeanor. For instance, a field enclosed by a fence with a "no trespassing sign" could qualify under this statute. Trespassing in this manner on public facilities, like electric power plants or water facilities is a class A1 misdemeanor. A class A1 misdemeanor carries much more serious penalties, such as the possibility of 60 days in jail even for first time offenders. 

A person may be charged with second degree trespass if they enter the premises where they have previously been told that they cannot enter, even if they had lived on that property before. For example, if you are asked not to return to a particular store like Walmart and later return you could be charged with second degree trespassing. It is common for those charged with larceny to also be trespassed. The second degree trespass charge is a Class 3 misdemeanor. 

If you have questions regarding trespassing, call the Law Offices of Wiley Nickel for a free consultation at 919-373-2288. You may also contact the attorneys directly by emailing Kristi@wileynickel.com or wiley@wileynickel.com.

Wiley Nickel