Trespassing in North Carolina isn’t always intentional. Sometimes it starts as a simple misunderstanding — unclear boundaries, mistaken permission, or being in the wrong place at the wrong time. However, under state law, even unintentional actions can result in misdemeanor charges, fines, and a criminal record. This blog explains how trespassing is defined, when it can escalate, and how an experienced attorney can protect your rights and freedom.
What Counts as Trespassing in North Carolina?
Under North Carolina law, trespassing means entering or remaining on someone else’s property without permission. While that might sound straightforward, there are important legal distinctions between:
- First-Degree Trespass – Entering or staying in a building or on property without consent, often treated more seriously if the property is occupied.
- Second-Degree Trespass – Entering or remaining on property after being told to leave or when “No Trespassing” signs are posted.
Other specific laws apply to trespassing on school grounds, construction sites, public utilities, or government facilities. These can carry enhanced penalties.
When Trespassing Becomes More Serious
Most trespassing charges are classified as misdemeanors, but certain situations can escalate a minor offense into a significant legal issue. Trespassing may be charged as a felony if:
- You carried a deadly weapon during the incident.
- You enter a secured or restricted area, such as a power plant or school.
- You trespass with the intent to commit another crime.
Felony charges can result in imprisonment for months or years, along with a criminal record that can impact your employment, housing, and future background checks.
Common Scenarios That Lead to Trespassing Charges
Not all trespassing charges start with bad intentions. Many of our clients have faced charges after:
- Property boundary disputes – Mistakenly crossing onto someone else’s land.
- Hunting or fishing access issues – Being on private land without the right permits.
- Protests or rallies – Remaining on public property after hours or in restricted zones.
- Landlord-tenant disputes – Returning to a property after being told to leave.
In these situations, intent matters — and it’s one of the first things we look at when building a defense.
Defending Against Trespassing Charges
The right defense depends on the facts of your case, but common strategies include:
- Lack of intent – You didn’t knowingly trespass.
- Permission – You had the owner’s consent or believed you did.
- Unclear boundaries or signage – No visible “No Trespassing” signs or unclear property lines.
- Constitutional rights – In some protest or public property situations, First Amendment protections may apply.
A defense lawyer can investigate your case, challenge the evidence, and work to have charges dismissed or reduced.
Why You Shouldn’t Handle a Trespassing Charge Alone
Even if you think the charge is minor, it’s important to take it seriously. Pleading guilty just to “get it over with” can leave you with a permanent criminal record. At Summit Law Group, we:
- Review the evidence for weaknesses or inconsistencies.
- Negotiate with prosecutors for reduced charges or dismissal.
- Represent you in court to protect your rights and future.
- Explore alternatives like deferred prosecution to keep your record clean.
Our goal is to resolve the case in a way that minimizes the impact on your life.
Local Attorneys That Make A Difference
If you’re facing trespassing charges in North Carolina, you don’t have to face them alone.
Summit Law Group offers complimentary consultations to help you understand your rights, options, and next steps.
With offices in New Bern, Beaufort, and Raleigh, Summit Law Group represents clients across Eastern North Carolina. Our attorneys know how local courts, prosecutors, and law enforcement operate — knowledge we put to work for you in every case. Call us today to get started.