Hickory Trespassing Lawyer

Hickory Trespassing Attorney

Trespassing can be a very serious charge, especially if the right circumstances are in play to have the offense upped from a misdemeanor to a felony. Trespassing can carry significant penalties and should not be taken lightly. A trespassing conviction on your record can affect your employment status, personal relationships, social standing, and your ability to rent or purchase a home. If you are facing trespassing charges, reach out to a Hickory trespassing lawyer today.

Different Kinds of Trespassing Charges in North Carolina

To many, trespassing might seem like a minor situation, something you could deal with on your own. While this can sometimes be the case, it is recommended that you consult with an experienced lawyer when facing any kind of criminal charge, including trespassing. Also, there is more than one kind of trespassing charge in North Carolina, and each carries different degrees of penalty. Here are some of those different kinds of charges:

• First-Degree Trespass: A charge of first-degree trespassing can be made when you are caught willfully entering someone else’s home or business without their express permission. In addition, the building must be secured in a way that is obviously trying to keep out intruders. A first-degree trespassing charge can also be made against anyone who is excluded from entering the land of the Eastern Band of Cherokee but trespasses anyway. A first-degree trespassing charge is considered a Class 2 misdemeanor in North Carolina, which carries a potential penalty of jail time and a fine of $1,000.
• Second-Degree Trespassing: A charge of second-degree trespassing comes about when you are asked not to enter someone’s property by the property or business owner, but you do anyway, or you willfully ignore any posted signs that expressly state no trespassing. A second-degree trespassing charge is considered a Class 3 misdemeanor, which carries a potential penalty of days in jail and a fine.
• Felony Trespass: If certain circumstances are met, a charge of felony trespass can be made. Essentially, the first-degree trespass charge becomes a Class I felony trespass charge if the trespassing offense is committed on any facility used to treat or store public water, any facility used to treat sewage or industrial waste, or any facility used for agricultural activities. A Class I felony in North Carolina carries a potential maximum sentence of 2 years in prison but can often result in a sentence of 3 to 12 months.
• Domestic Criminal Trespass: A domestic criminal trespass situation can be particularly painful and confusing. This situation involves two people who were in a relationship, such as spouses, former spouses, or couples who used to date or live together. One person must be living apart, and the other has entered their former partner’s property after having been ordered not to.

A domestic criminal trespass charge is usually considered a Class 1 misdemeanor, which carries a potential penalty of time in jail. However, in certain situations, such as the property being a safe haven for domestic violence survivors or the trespasser having a deadly weapon, the charge can be elevated to a Class G felony, which carries a potential penalty of significant time in prison.

FAQs

Q: How Do You Prove Trespassing in North Carolina?

A: It is fairly easy to prove trespassing in Hickory, North Carolina. The very existence of pre-built barriers, posted signs, hired guards, and explicit warnings can all go a long way toward helping a prosecutor build a case for criminal trespassing. The prosecution can use the fact that any existing deterrents were willfully ignored by the offender in order to prove trespassing. A case for trespassing is largely built on proving that the offender knew what they were doing.

Q: What Is the Penalty for Trespassing in North Carolina?

A: The penalty for trespassing in North Carolina depends largely on the degree of trespassing that is being committed and the overall intent the offender showed in the act of trespassing. Trespassing penalties can range anywhere from a Class 2 misdemeanor, which carries a potential jail sentence and a fine, to a Class G felony, which carries a significant potential prison sentence.

Q: What Is the Worst Charge for Trespassing?

A: The worst charge for trespassing in North Carolina is a first-degree trespassing charge where the offender commits an act that puts themselves or others on the property at serious risk of bodily harm or disrupting a business’s normal operations. Such a charge is considered a Class G felony in North Carolina, which carries a substantial possible prison sentence. Depending on the situation, the offender could receive a probation sentence instead.

Q: What Is the Penalty for Domestic Criminal Trespassing in North Carolina?

A: The penalty for domestic criminal trespassing in North Carolina changes depending on the circumstances surrounding the case at hand. Typically, a charge of domestic criminal trespassing is considered a Class 1 misdemeanor, which carries a possible penalty of days in jail. However, if the offender has a deadly weapon or attempts to infiltrate a domestic violence survivors’ shelter, the charge can rise to a Class G felony, which carries a possible maximum sentence of time in prison.

Reach Out to an Experienced Trespassing Lawyer Today

Facing a charge of criminal trespassing can be intimidating, confusing, and overwhelming, especially if you try to handle everything on your own without consulting a lawyer. The legal team at Cody Law Firm can provide you with experience, knowledge, and peace of mind, as well as the know-how to help you develop your case and defend yourself against the charges. Any time you are facing criminal charges, you should discuss your situation with an experienced lawyer.

We can help you build your case, gather the necessary evidence that supports your claim, and advocate on your behalf in court if necessary. It is crucial that you protect yourself against these charges, as they can have a significant negative impact on your life. Reach out to schedule a consultation with a valued team member as soon as you can.