Criminal Trespass in North Carolina: First vs Second Degree

First vs Second Degree Trespass at a Glance

What Is First Degree Trespass in NC?

Under G.S. 14-159.12(a), a person commits first degree trespass if, without authorization, they enter or remain:

1. On premises of another so enclosed or secured as to demonstrate clearly an intent to keep out intruders, or
2. In the building of another.

The statute also covers entering lands of the Eastern Band of Cherokee Indians or the Catawba Indian Nation after being excluded by tribal resolution.

What counts as a “building.” G.S. 14-159.11 defines it as a structure, other than a vehicle, enclosed so that it can reasonably be entered only through a door, and roofed to protect it from the elements. A carport or open shed may not qualify.

First degree trespass is a Class 2 misdemeanor under G.S. 14-159.12(b), unless one of the felony subsections applies.

What Is Second Degree Trespass in NC?

Under G.S. 14-159.13(a), a person commits second degree trespass if, without authorization, they enter or remain on premises:

1. After being told not to enter or remain by the owner, the person in charge, a lawful occupant, or another authorized person.
2. That are posted with notice not to enter, in a manner reasonably likely to come to an intruder’s attention.
3. On the curtilage of someone’s dwelling between midnight and 6:00 a.m.

The curtilage offense in (a)(3) is a Class 2 misdemeanor, a step up from the Class 3 that applies to (a)(1) and (a)(2). The statute was last amended in 2023 (S.L. 2023-85), so older guides online may not mention it.

The curtilage is the area immediately around a home, such as a yard or porch.

When Trespass Becomes a Felony

First degree trespass is a Class I felony under G.S. 14-159.12(c) when it happens on the premises of certain facilities (public water systems, agricultural facilities, energy facilities, and public utility or local government wastewater facilities) and the person entered a building or climbed over, went under or otherwise got around a fence or barrier.

It is a Class G felony under G.S. 14-159.12(d) if, in addition, it was done to disrupt the facility or put anyone at risk of serious bodily injury.

It is a Class I felony with a fine of at least $1,000 under G.S. 14-159.12(f) when a person reenters real property after being removed under a valid writ for possession, or occupies it using knowingly false evidence of ownership.

Penalties for Trespass in North Carolina

Misdemeanor sentences come from the grid in G.S. 15A-1340.23(c) and depend on your prior convictions.

For Class 3 second degree trespass, G.S. 15A-1340.23(d) says that with three or fewer prior convictions the judgment is a fine only. That still means a conviction on your record, which shows up on background checks. Keeping the case from becoming a conviction is what a defense lawyer works toward.

Charged With Trespass? Talk to a Lawyer Before Court

Most trespass defenses turn on the details this guide describes: whether you were authorized, whether you got proper notice, whether the property was enclosed, posted or a “building” at all.

Those are questions of evidence, and they are best raised before the first court date. See how we defend these cases on our trespass lawyer page, or call (336) 379-0539.

Your attorney

Partner

Jason Aycoth

Criminal Defense, Felony Charges, State and Federal Court

Jason handles criminal cases in state and federal court across North Carolina. He has served as Editor of the True Bill and was Commencement Speaker at Elon Law School's graduation.

• Former President, Greensboro Criminal Defense Lawyers Association
• Elected member, Criminal Justice Section, North Carolina Bar Association
• Selected to present the Wade M. Smith Award for Top Criminal Defense Lawyer in North Carolina

Read Jason's full profile →

Chad D. GarrettFounderJason AycothPartnerSean OlsonPartnerBrandon GoldsboroughCriminal DefenseStephanie GoldsboroughCriminal DefenseRebecca ElliottCriminal DefensePatrick BidwellCriminal DefenseSamantha HeplerCriminal Defense

What clients say

4.9 out of 5 from 587 Google reviews. A few recent ones:

Garrett, Walker, Aycoth & Olson, Attorneys at Law

4.9

Based on 587 reviews

powered by

review us on

Thai Nguyen

3 weeks ago

i had a warrant on me, call this law firm Mr. Jason Aycoth, and the first time i spoke to him, he just make me feel at ease. Super friendly, down to earth and made me feel comfortable. No matter what happen i know he will fight for me with everythings he got. if you need help this is the one you want. . love this law firm. THE BEST

Autry Hinton

4 weeks ago

If I could give more stars I would! Greatest lawyer around, some might even say he’s a magician. Thank you Mr aycoth for your amazing services.

Char Frazier

4 weeks ago

Fantastic service from the very first call to the end

Ven Jonn

1 month ago

We can’t thank Jason Aycoth and Samantha Hepler enough for the help with our daughter’s case. From our first call with Jason Aycoth, they were professional, honest, and clear about what to expect. They answered our questions promptly, explained every step in plain language, and were well prepared at every stage. It was a stressful time for our family, and both Jason Aycoth and Samantha Hepler were calm, compassionate, and reassuring throughout. We’re grateful the case was dismissed and highly recommend Garrett, Walker, Aycoth & Olson Law Firm to anyone who needs help.

Abdullah 65

1 month ago

Morgan Faries was professional, helpful, and supportive throughout my case. She explained everything clearly and made me feel comfortable during a difficult time. I truly appreciate all her help and highly recommend Morgan Faries.

Judy Rocom

3 months ago

Five stars isn't enough. Patrick Bidwell is exceptional! He answered every question and concerns I had, and Patrick had told me he was going to try and get me out of court quickly and not even 15 minutes later, the case was dismissed and I was out. I truly enjoyed having him represent me and working with him. I can't recommend Attorney Patrick Bidwell enough!

tracertevin

4 months ago

I can't recommend Stephanie Goldsbourgh highly enough. From the very beginning, she treated me with respect, honesty, and professionalism during one of the most difficult periods of my life. I was facing very serious criminal charges, and the uncertainty was overwhelming. Stephanie never made promises she couldn't keep, but she always kept me informed, answered my questions with patience, and helped me understand every step of the legal process. What stood out most was her calm, focused approach. While I was dealing with the emotional weight of my case, she remained grounded in the facts and worked diligently on my behalf. I always felt like she genuinely cared about my future and never treated me like just another client. Thanks to her hard work and dedication, my case was ultimately dismissed. I will always be grateful for the guidance, professionalism, and integrity she showed throughout the entire process. If you're looking for an attorney who is knowledgeable, honest, compassionate, and committed to her clients, I wholeheartedly recommend Stephanie. Thank you for everything you did for me.

Evelyn Torres

4 months ago

Morgan A. Faries is everything you could ask for in an attorney. From day one, she made us feel like we weren’t just another case. She genuinely cared about what our family was going through and always took the time to listen, understand our situation, and answer every question we had. Morgan is incredibly intelligent, knowledgeable, and knows exactly what she’s doing. At the same time, she’s compassionate, approachable, and easy to talk to. During one of the most stressful times for our family, she made us feel supported every step of the way. We always felt like she had our back and wasn’t afraid to fight for us. She kept us informed throughout the entire process, explained everything clearly, and made sure we knew what to expect. Her professionalism, attention to detail, and genuine care gave us so much peace of mind. Thanks to Morgan’s hard work and dedication, we achieved the best possible outcome for our family, and we will always be grateful for everything she did for us. Thank you, Morgan, for standing by our side when we needed it most. You truly made a difference in our lives. We wholeheartedly recommend Morgan A. Faries to anyone looking for an attorney who will genuinely care, listen, and fight tirelessly on your behalf.

Cindy Scandrett

5 months ago

We have used Garrett, Walker, Aycoth & Olson twice for 2 different civil litigation cases. The attorney who represented my sister-in-law, Ryan Denver, handled both cases with professionalism and respect. We were constantly updated in the process. Mr. Denver was very compassionate and caring as he negotiated a very acceptable settlement and even secured a dismissal in one of the cases. I would recommend this lawfirm without hesitation.

Maddy L

5 months ago

Morgan Faries is absolutely an amazing woman, and lawyer. The respect, and the time to actually listen and hear you is astonishing. She made me feel so comfortable, and heard every word of mine even though I naturally have a very soft voice. That doesn't happen very often. The silent confidence she had was admirable. She took into account what was best for me and did everything she could to have the case ruled in my favor, even if it was agreeing to a settlement that still had the avenue I needed. This avoided the mental load that was definitely going to come of the trial. She actually cared about the person I was and the situation I was going through. Her only interest was hearing me, and actually understanding. Morgan Faries is extremely intelligent especially how she holds herself. I am very grateful I had her by my side to work through the legal system. I could not have done this without her. I do not write reviews often but this law firm and attorney Morgan Faries deserves an honest review of my experience and it was everything I had hoped when I secured them for help. Thank you again, Morgan Faries and Garrett, Walker, Aycoth and Olsen, Attorneys at Law.

Karen Williams

4 years ago

If you find yourself in need of an attorney I would highly recommend Hilary Hux! She and her entire team (Casey Robinson, Kristen Reese) were an absolute pleasure to work with from start to finish. They were always very attentive to my needs and always responded to any question or concern I had in a timely manner. The sincerity they displayed while handling my divorce case made a difficult time in my life more bearable knowing I had them on my side. Simply put they are a genuine group of people that do the absolute best job they can for their clients and words can't express how thankful I am to have had the experience to work with them.

Natasha Leake

5 years ago

Jason Aycoth and his team were so diligent in assisting my family with our legal issues. Communication was never lacking and they were always readily available to assist my family no matter what the need was. Not only was he very professional every time we spoke, he was also friendly and personable. I will be recommending Jason Aycoth to anyone I know is in need of legal services.

John Morris

5 years ago

Martha Massie is a fantastic lawyer. Her knowledge of the law, her thoroughness and attention to detail are superior. Most importantly, she cares about her clients which can clearly be seen by her hard work. I highly recommend Martha!

candace james

5 years ago

Chad Garrett is one amazing lawyer. He is very professional, charismatic, and gets things done no matter what. He has helped me time after time and is always in a pleasant disposition. So thankful to have met him and to have him on my side. Thank you Mr. Garrett.

Bill Dawkins

5 years ago

Casey Robinson worked with my wife and I making a name change for our grandson. Her knowledge and ability made the task easy to complete. We would recommend her services and call on her again if needed.

Charlie Gardener

5 years ago

I had a situation that needed to be resolved expeditiously. I call Jason Aycoth. He resolved the issue quickly. He treated me with the utmost care and respect. Everyone I spoke to in his office was courteous. I have attempted to get this matter resolved through other attorneys in the area. None came close to the experience I had with Jason and his team. I highly recommend you taking the time to hire Jason Aycoth. Jason my family and I are grateful for you! We send you the highest regards.

Sarah S

5 years ago

I was involved in an altercation that would forever change my life. I was referred to Jason Aycoth for help. Help wasn't all I received. Jason discussed my case with the DA. Together after reviewing my case, they took my personal record and military record into consideration. Next, a miracle was presented. Jason and the DA gave me a path to resolving my case and a path to clear my record. I've never had to use an attorney in this capacity but, rest assured, Jason Aycoth and his team earned a 5 star rating from me. I fully endorse and recommend him to any potential clients.

Sam Walker

5 years ago

Excellent staff! Very knowledgeable in family and personal injury. Would highly recommend to anyone!

Where we practice

Our office is at 317 South Greene St in Greensboro, the Guilford County seat.

Guilford County: Greensboro · High Point · Jamestown · Gibsonville · Summerfield · Oak Ridge · Pleasant Garden · Stokesdale · Whitsett · McLeansville · Sedalia
Also serving: Randolph, Forsyth, Alamance, Rockingham and Davidson Counties

Questions people ask

This guide is general information about G.S. 14-159.11, 14-159.12, 14-159.13 and 15A-1340.23, not legal advice for your case.