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.