Trespassing in North Carolina isn’t always as simple as “you were on someone else’s property.” The law recognizes different levels of trespass, each with its own rules and penalties. In some cases, a trespassing charge can result in a permanent criminal record, fines, or even imprisonment. This blog explains the difference between the types of trespass, potential defenses, and how an experienced criminal defense attorney can help.
Understanding Trespassing Under North Carolina Law
Trespassing occurs when you enter or remain on property without permission. While that sounds straightforward, the law draws important distinctions between first-degree and second-degree trespass.
- First-Degree Trespass – Entering or remaining in a building or on property without consent, often resulting in more serious consequences, especially if the property is occupied.
- Second-Degree Trespass – Being on property after being told to leave, or entering where “No Trespassing” signs are clearly posted.
There are also specialized trespass laws, such as trespassing on school grounds, construction sites, or secured government facilities. In these cases, the penalties can be much more severe.
When Trespassing Becomes a Felony
Most trespassing cases are misdemeanors. But in certain situations, North Carolina law upgrades the offense to a felony. This can happen if:
- You trespass on property while carrying a deadly weapon.
- You enter a secured facility or restricted area.
- You trespass with the intent to commit another crime.
A felony trespass conviction can carry months or even years of prison time, plus a permanent record that can affect your ability to find work, secure housing, or pass background checks.
Common Situations That Lead to Trespassing Charges
In our experience, many trespassing cases start with misunderstandings or disputes. Common examples include:
- Boundary disputes – Unclear property lines lead to accusations of trespass.
- Land access issues – Hunting, fishing, or recreational use without the right permissions.
- Protests or demonstrations – Remaining on public property after hours or in restricted zones.
- Eviction or tenant disputes – Returning to a property after being ordered to leave.
In each scenario, the law still requires proof that you knowingly entered or stayed without permission — and that’s where defense strategies often begin.
Possible Defenses to Trespassing Charges
Every case is unique, but there are several defenses that may apply:
- Lack of intent – You didn’t knowingly trespass.
- Permission – You had consent from the property owner or a reasonable belief you did.
- Unclear signage or boundaries – No visible “No Trespassing” signs or obvious property lines.
- Constitutional rights – Certain public property or protest cases may involve First Amendment protections.
A skilled defense lawyer will review every detail of the case to find opportunities to challenge the prosecution’s evidence.
Why Legal Representation Matters
Even a misdemeanor trespass can have lasting consequences. You might think paying a fine is the easiest route — but doing so may result in a criminal conviction that follows you for years.
At Summit Law Group, we:
- Investigate the facts and circumstances surrounding the alleged trespass.
- Seek to have charges dismissed or reduced when possible.
- Negotiate for outcomes that protect your record, such as deferred prosecution.
- Defend your rights in court if the case goes to trial.
Our approach blends local knowledge of Eastern North Carolina courts with strong advocacy for our clients.
Practical Steps If You’re Facing Trespassing Charges
If you’ve been accused of trespassing, here’s what you should do immediately:
- Avoid discussing the incident with anyone except your lawyer.
- Preserve any evidence that may support your side — texts, photos, maps, or witness information.
- Follow all court instructions and deadlines to avoid additional penalties.
- Contact an attorney as soon as possible to start building your defense.
The sooner you get legal help, the more options you have for a favorable resolution.
Talk to a Trespassing Defense Lawyer Today
If you’ve been charged with trespassing in North Carolina, don’t wait to get experienced legal help. Summit Law Group offers complimentary consultations to help you understand your options before making decisions that could impact your future. Call us today for the representation you need and deserve.