Breaking and Entering vs Trespassing: Understanding NC Law

In the realm of North Carolina law, it’s crucial to distinguish between two seemingly similar yet legally distinct actions: Breaking and Entering vs. Trespassing. These terms often find themselves at the crossroads of property rights, minor lawbreaking, and felony criminal charges.

However, understanding the subtle disparities between these two acts can make a world of difference when it comes to legal implications. So, let’s unravel the nuances between Breaking and Entering vs. Trespassing, providing clarity for those facing criminal charges.

Understanding First and Second-Degree Criminal Trespassing in North Carolina

In North Carolina, trespassing laws encompass various degrees, with First and Second Degree Trespassing being distinct offenses with specific elements. To understand these charges clearly, let’s delve into the definitions and penalties associated with each.

First Degree Criminal Trespass

First Degree Trespass occurs when an individual enters or remains on another person’s property without permission under the following circumstances:

• On property that is enclosed or secured in a manner that clearly demonstrates an intent to keep out intruders.
• In a building owned by someone else.

The severity of this offense can vary based on specific circumstances, leading to different classifications and penalties:

Generally, First Degree Trespass is a Class 2 misdemeanor. However, the charges can be a higher level of criminal trespassing under specific circumstances.

• Class A1 misdemeanor: The first-degree trespass may become a Class A1 misdemeanor when certain premises are involved, such as facilities operated by electric power suppliers or public water system facilities, and the trespasser enters a building or overcomes barriers to access these facilities.
• Class H Felony: If the offense, as described above, is committed with the intent to disrupt the normal operation of these facilities or poses a risk of serious bodily injury to anyone on the premises, it is classified as a Class H felony.
• Class I Felony: First-degree trespass is a Class I felony if it occurs on real property where the offender reentered after being removed by a valid order or knowingly provided false evidence of ownership or right to possess the property under color of title. (1)

Second Degree Trespass

Second-degree is generally a 3rd-degree misdemeanor and involves entering or remaining on someone else’s property without permission under the following circumstances:

• After being notified not to enter or remain there by the owner, a lawful occupant, or another authorized person.
• When there is a notice posted, informing intruders not to enter the property. (2)

However, changes to trespassing law happen in a little over one month. So let’s see how the new trespassing laws will work next.

New Trespassing Laws for December 2023 Forward

Second Degree Trespassing Laws

Second-degree trespassing is when someone goes onto another person’s property without permission, and there are a few different situations where this can happen:

1. After Being Told Not to Enter: If someone enters or stays on someone else’s property after they’ve been told not to by the owner, someone in charge of the property, a lawful occupant, or someone else with the authority to say so. This is a Class 3 misdemeanor.
2. When There Are Clear Signs: If someone enters a property that has signs posted in a way that’s easy for anyone coming onto the property to notice, and those signs say not to enter. This is a Class 3 misdemeanor.
3. Late-Night Intrusion: If someone goes onto the land near someone else’s house (what we call the curtilage) between midnight and 6:00 AM. This is a Class 2 misdemeanor which is a bit more serious.

These changes are meant to help clarify the rules around second-degree trespassing and the consequences for breaking them. Understanding trespassing laws is essential for individuals facing charges or anyone seeking to comprehend the legal consequences of these offenses within North Carolina’s legal framework.

Unauthorized entry into another person’s property is a crime, but illegal entry into a building brings much more severe charges. So let’s look at the law about that next.

Breaking and Entering Law in North Carolina

Breaking and Entering, in simple terms, means unlawfully going into a building or structure. North Carolina law treats this differently based on the reason for going in and the harm intended.

If you have criminal intent to commit serious crimes when you gain access to a building through an unlawful entry, this is not a minor offense. Mere “trespassing” on property is much different than “breaking and entering a building” property crimes.

Here’s what it means:

If You Go into a Building to Commit a Serious Crime or Steal

If you decide to enter a building with the intention of doing something like committing a felony or stealing something, you’re in hot water. This means you’re taking a big risk because it’s a Class H felony, a very serious crime. It’s like a warning sign to the law that you had some serious wrongdoing in mind when you entered that building.

If You Go into a Building to Scare or Hurt Someone

If you enter a building with the plan to scare or hurt the people inside, that’s also a Class H felony. This is because it’s not just breaking and entering; it’s an attempt to harm others, and that’s against the law.

If You Wrongfully Enter a Building

Sometimes, people go into a building without a good reason, but they’re not planning to commit a serious crime or hurt anyone. It’s still a problem in such cases, but it’s not as severe. This is generally a Class 1 misdemeanor, less serious than a felony but still a significant offense.

Entering Different Types of Buildings

When the law discusses a “building,” it means not just houses but also other types of structures like empty houses, buildings under construction, or any place meant for activities or keeping things safe. (4)

So, the law covers many different places where you might find yourself breaking and entering.

Breaking and Entering vs. Trespassing Criminal Offense

Keep in mind that these laws exist to keep people safe and protect their property. Going into someone else’s space without permission is generally illegal, and it can lead to severe consequences depending on what you were planning to do.

If a law enforcement officer catches you breaking and entering a building or committing a criminal trespass on a property owner, your intent and actions often determine the appropriate legal charges and penalties.

However, in the breaking and entering vs trespassing debate, trespassing is a much less serious charge involving being on another person’s property. On the other hand, breaking and entering involves entering someone else’s building.

An Experienced Criminal Defense Attorney Can Help

At Scharff Law, our criminal defense lawyers defend individuals facing various legal challenges, including breaking and entering charges. If you ever find yourself in a situation where you’re accused of trespassing or breaking and entering with or without criminal intent, seek the guidance of a skilled criminal defense lawyer.

Our dedicated team understands the complexities of North Carolina’s laws and will work diligently to build a strong defense on your behalf. We’ll examine the evidence, question witnesses, and strive to create reasonable doubt in the minds of the court.

In a legal context, “reasonable doubt” means there’s not enough certainty to find you guilty beyond a shadow of a doubt. Our criminal defense team casts doubt on the prosecution’s case to protect your rights.

If you’re facing breaking and entering charges or other related criminal allegations, don’t hesitate to reach out to us at Scharff Law. We’re here to provide you with the legal guidance and support you need during this challenging time. Your future is important to us, and we’ll do everything in our power to secure the best possible outcome for your case.