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.