What is Misdemeanor Trespassing?

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If you have been charged with a misdemeanor trespass charge, you could be facing a number of different consequences if convicted, including up to 150 days of jail time.


First Degree vs. Second Degree Trespass


First degree trespass is generally a Class 1 misdemeanor in North Carolina that can result in up to 120 days in jail if convicted. A person can be charged with first degree trespass if that person enters or remains: (1) on the enclosed or secured premises of another which is so enclosed as to demonstrate clear intent to keep intruders out, (2) in the building of another or (3) on certain Native American lands. First degree trespass charges can even be considered a Class A1 misdemeanor if it involves a public works facilities such as power plants, natural gas facilities or public water facilities. A Class A1 misdemeanor can carry more severe penalties, even for first time offenders.


Second degree trespass is a Class 3 misdemeanor in North Carolina that can result in up to 20 days in jail in convicted. A person can be charged with second degree trespass if they enter or remain on the premises where: (1) they have previously been told to leave or (2) there is reasonably posted signage on the premises that informs intruders not to enter. Second degree trespass is commonly charged along with larceny or shoplifting charges.


Domestic Criminal Trespass


Domestic criminal trespass is a Class 1 Misdemeanor in North Carolina that can result in up to 120 days in jail. A person can be charged with domestic criminal trespass if: (1) they have been forbidden or ordered to leave by the lawful occupant of the premises, (2) it is occupied by a spouse, former spouse or person with whom they were cohabitating with and (3) the parties are living apart. In order to be charged with domestic criminal trespass, there must be proof that the parties were living apart. A person cannot lawfully be charged with domestic criminal trespass if they are entering the premises pursuant to a judicial order or written separation agreement that allows the person to enter the premises to visit with minor children.



If you have been charged with a misdemeanor trespass charge in Wake or Durham County, contact the Law Offices of Wiley Nickel, PLLC. We are located in Cary, NC and handle misdemeanor cases in Wake and Durham County. You can reach our criminal defense lawyers at 919-585-1486 for a free consultation today.


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.