​Trespassing and breaking and entering are treated seriously under North Carolina law. Even when there is no allegation of theft or violence, a property crime conviction can mean jail time, fines, probation, and a lasting criminal record. If you are accused of trespass or breaking and entering, you need an attorney who understands how these cases are charged and how to protect your rights.

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Understanding Trespass Under North Carolina Law

Trespass is usually viewed as less serious than burglary or felony breaking and entering, but it is still a criminal offense. In general, criminal trespass involves entering or remaining on someone else’s property without permission, after being warned to stay away, or in violation of clear notice such as signs or fencing.

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Second Degree Trespass

Second degree trespass is the lower level trespassing offense, and is a Class 3 misdemeanor. A person may be charged when they:

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• Enter or stay on property after being told by the owner, tenant, or another person in control that they are not allowed there

• Enter or remain on land or premises where clearly visible “No Trespassing” or similar signs have been posted, or the property is otherwise marked to keep people off

 

First Degree Trespass

First degree trespass is more serious and typically involves property that is secured or enclosed, and is a Class 2 misdemeanor. A person may be charged with first degree trespass when they:

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• Enter or remain on property that is fenced, gated, or otherwise clearly enclosed to keep people out

• Enter or stay inside a building or portion of a building without the owner’s consent

 

Domestic Criminal Trespass

North Carolina law also addresses trespass in the context of family or intimate relationships. A person can be charged with the Class 1 misdemeanor of domestic criminal trespass if they:

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• Enter or refuse to leave the home of a current or former spouse 

• The parties are separated and living apart, and the spouse or partner has clearly told the person not to enter or has asked them to leave and they refuse

 

Penalties can increase if the accused person is armed or if there is a history of domestic violence or related protective orders. These cases often overlap with domestic violence law and may affect custody, visitation, and other family law issues.

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How Trespass Differs from Breaking and Entering

Trespass and breaking and entering are both property crimes, but breaking and entering generally involves going into a building or structure and often carries higher penalties.

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Misdemeanor Breaking and Entering

Misdemeanor breaking and entering typically involves:

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• Wrongfully breaking or entering a “building” as defined by law, which can include houses, buildings under construction, sheds, garages, and other structures designed to hold property or activities

• Using any amount of force to gain entry, which can be as slight as opening an unlocked door or lifting a window

• Entering without permission and without a lawful claim of right

 

Misdemeanor breaking and entering is a Class 1 misdemeanor. 

 

Felony Breaking and Entering

Breaking and entering becomes a felony when additional factors are present, such as:

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• Entering a building with the intent to commit a felony inside

• Entering with the intent to steal property

• Entering with the intent to terrorize or injure someone inside

 

Felony breaking and entering can be charged as a Class H felony in many situations, with potential prison sentence exposure, and as a Class G felony if the building is a place of religious worship.

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Defending Trespass and Property Crime Charges

A careful defense can often reduce or even avoid the consequences of a trespass or breaking and entering accusation. Potential defense issues include:

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• Whether you had permission or a reasonable belief that you were allowed to be on the property

• Whether the property was properly posted or enclosed so that a trespass notice was clear

• Whether the person who ordered you to leave was actually the owner, a lawful occupant, in charge of the premises, or another authorized person

 

What to Do If You Are Charged with Trespass or Breaking and Entering

If you have been accused or arrested, you should:

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1. Avoid discussing the incident with law enforcement, the property owner, or on social media without legal advice

2. Save any evidence that may help your case, including messages, photographs, videos, or documents showing permission, boundary lines, or signage

3. Contact a criminal defense attorney as soon as possible