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What We DoFollowing a separation or a divorce, one spouse generally leaves the home and, in many cases, isn’t allowed back (whether indefinitely or temporarily). Returning home without permission, however, is a crime in North Carolina. As the name implies, domestic criminal trespass can occur if the spouse, who had been ordered to leave, remains or returns to the property.
In Raleigh, this is not a fairly common offense (though it could be used in more than half of domestic cases); however, it can result in a misdemeanor or even a Class G felony. Due to the serious penalties associated with this crime, and the broad definition of the offense, you need to contact a Raleigh domestic criminal trespass attorney as soon as possible.
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Domestic criminal trespass is governed by North Carolina Statue § 14-134.3. In essence, this law prohibits unwarranted entry to a premises occupied by a former spouse or by a person with whom the person charged has lived as if married. Nonetheless, it is fairly clear that this definition can create several issues in a household. For instance, the husband, who bought the house, was kicked out and returned to the premises to pick up some of his personal items (without notifying the wife or ex-wife). Can he be charged with domestic criminal trespass?
To avoid such conflicts with this law, the law further states that, in order for the individual to be charged, there must be evidence that the couple has been living apart. This evidence can include:
Furthermore, it doesn’t matter if the spouse still owns the property or has some of his/her personal items within the home. If the spouse who left the home re-enters without permission and against the wishes of the residing spouse, the trespassing spouse could be charged.
An individual charged with domestic criminal trespass could be facing a Class 1 misdemeanor. If the defendant has no previous convictions, he/she could be facing one to 120 days of either active, intermediary, or community punishment, as well as the possibility of fines.
Furthermore, there are several situations in which the charge could result in a Class G felony. Some of these situations include:
It is clear that there are several issues with this law, and because of the way the law is structured, many individuals have been wrongfully convicted of this crime in Raleigh courts. One of the best tools you have to voice your case and prove your innocence is an experienced and prominent defense attorney. At Dewey Brinkley Law, we have the resources and knowledge to provide a strong, reputable defense against these charges. Don’t hesitate and contact criminal trespass attorney Dewey Brinkley today at (919) 832-0307 for a free consultation.
Certified Criminal Law Specialist by North Carolina State Bar.
Tried over 250 criminal cases in local courts.
Knows prosecution strategies from time as Assistant District Attorney.
Direct, responsive service from start to finish by Brinkley himself.
4.9-star client reviews praise professionalism and case outcomes.
Speak directly with Attorney Dewey Brinkley – 100% confidential and no obligation.
Before founding our Criminal Defense Law Firm in Raleigh, Attorney Dewey P. Brinkley worked for almost three years in the Wake County District Attorney’s office, gaining in-depth experience handling domestic violence, misdemeanors and juvenile court offenses.
As a Raleigh Criminal Defense Lawyer, he handles serious felony charges, including armed robbery and attempted murder, as well as DWI, traffic tickets and violations and misdemeanors. Whatever charge you face, we can help.