Greensboro Criminal Defense Lawyer Explains Second-Degree Trespass
Like all crimes, the State bears the burden of proving each element of second-degree trespass beyond a reasonable doubt. Essentially second-degree trespass, a Class 3 misdemeanor (the lowest-level crime, except for infractions), is going somewhere where one shouldn’t when the alleged offender knows he is not allowed there.
A person is guilty of this crime, defined at N.
C. Gen. Stat. 14-159.13, when one:
- enters or remains
- on the premises of another
- without their permission
- after being told not to enter OR when the premises is posted as no trespassing
Most commonly, this crime comes about when a person enters an area that’s posted “No Trespassing,” or when a person goes to a store or other property, where they’ve been banned.
Be careful, though: a second-degree trespass, a class 3 misdemeanor, turns into a first-degree trespass, a class 1 misdemeanor, in certain circumstances.
Contact our Greensboro criminal defense attorneys, who operate in Greensboro, High Point and Randolph County for a free consultation today.
- Continuing Legal Education Instructor of the Year, North Carolina Bar Association
- Former President, Greensboro Criminal Defense Lawyers Association
- Board Member, Criminal Justice Section, North Carolina Bar Association
Talk to a Greensboro traffic and DWI lawyer today
Bring the citation, any DMV letter and your court date.
Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539
This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.