Trespassing is legally defined as the act of traversing onto another party's property while knowing that the landowner has not granted the individual permission to do so. Those accused of trespassing will know they do not have permission to enter onto a person's property either due to the fact that the landowner has posted a clearly visible "No Trespassing" sign – or he has directly told the trespasser to get off of his property.

In Wake County, as well as throughout the state of North Carolina, trespassing can be classified as either 1st or 2nd degree. Second degree trespassing is a Class 3 misdemeanor, punishable by up to 30 days of jail time. The difference between 1st and 2nd degree trespassing is that 1st degree is the act of entering an area that is secured and demonstrates that no outsiders are permitted to enter, while 2nd degree trespassing is the act of entering a property that is not fenced in or otherwise visibly trying to keep intruders out. As a result, most cases of 2nd degree trespassing arise during domestic violence cases and, as a result, are handled in domestic violence courts rather than in criminal courts.

Those charged with trespassing in Wake County or anywhere in North Carolina should work with an experienced criminal defense lawyer to ensure the best chances of avoiding conviction and jail time. Curtis R. High, Attorney at Law has experience building strong defense cases for clients accused of trespassing, and will work around-the-clock to ensure your rights are protected.

Trespassing Laws in Raleigh, NC

The following are some other facts regarding trespassing laws in Raleigh and throughout North Carolina:

  • If a landowner asks a trespasser to leave the premises, and the trespasser does leave, he cannot be charged or convicted of trespassing
  • A person may have “implied consent" to enter on someone's property in the event they are trying to save a life or prevent a severe injury from occurring
  • When a piece of property has been used by a party other than the landowner for a number of years, the rule of “adverse possession" applies (This statute stipulates that the “trespasser"- or the person who has been using the land for a number of years – will be legally allowed to stay on the property)
  • Arrests for trespassing can only be made if the landowner consents to the arrest

To learn more, schedule a consultation with Mr. High today.