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

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.