There is a difference between public and private property. Public property includes spaces that are open for public use, while private property belongs to a person or company. To access someone’s private property, you must be invited by the owner or a representative of the owner. Entering someone else’s property without being invited may be a crime in North Carolina and elsewhere. Private property may include both outdoor and indoor spaces. Trespassing takes on several forms; however, if you are charged with criminal trespass, you will want to seek legal guidance to defend the charges.
First-Degree Trespass
Trespassing happens when a person intends to enter or enters or remains on someone’s property without permission. First-degree criminal trespass occurs when you enter or stay on property that is secured or enclosed. The property owners have taken steps to keep their premises secure. Trespass happens when someone disregards or intentionally defeats the owner’s wishes and enters property without permission. First-degree trespass is typically a Class 2 misdemeanor.
Second Degree Trespass
Second-degree trespass occurs when someone enters property after they have already been requested to leave or where there is a no-trespassing notice. For example, a store may “trespass” someone they don’t want on their property. If the person later returns, they could be charged with second-degree trespass. If someone ignores a no-trespassing sign and enters the property, they could be charged with second-degree trespassing. Second-degree trespass is a Class 3 misdemeanor.
Domestic Criminal Trespass
Domestic criminal trespass happens when a person enters their former domestic partner’s premises from which they have been banned. Someone may be prohibited from entering when there is a no-contact order in place due to domestic violence or abuse. For example, if you have a protective order against you, you are not allowed to get near the other party. This type of trespass is potentially dangerous and is therefore classified as a Class 1 misdemeanor.
Trespassing On Utility Property
Utility companies own property that encompasses their operations. Electric, gas, and water treatment facilities are several examples of common utility companies. Trespassing is prohibited on property that belongs to utility companies. Intentional harm or disruption of utility services could be a public hazard. If you trespass on utility property with the intent to disrupt services, you could be charged with felony trespass.
Penalties for a Trespassing Conviction
If convicted of trespass charges, you could face a variety of penalties. A Class 2 misdemeanor trespass conviction will result in a sentence of up to 60 days in jail, along with fines of up to $1,000.A Class 3 misdemeanor trespass conviction could result in up to 20 days behind bars and a fine of up to $200. If convicted of a Class 1 misdemeanor, you will be subject to up to 120 days in jail, along with a fine that is at the discretion of the judge. A felony trespass conviction will result in up to 39 months in prison. It is important to note that the judge can take other factors into consideration when imposing a sentence, such as whether you are a repeat offender.
Trespass charges are serious, and if convicted, you will have a criminal record in addition to the immediate punishment of confinement and fines. If you have been charged with trespass, don’t delay. Call us at Arnold & Smith, PLLC, at (704) 370-2828 to discuss your case with our legal team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-134.3.html
https://www.ncleg.gov/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-159.12.html
Image Credit:
https://www.freeimages.com/photo/obey-11-1481632
See Our Related Video from our YouTube channel:
https://www.youtube.com/user/ArnoldSmithPLLC/videos
See Our Related Blog Posts: