Wilmington Trespassing Lawyer

Wilmington Trespassing Attorney

A trespassing charge tends to feel much bigger than the moment behind it. What you’re really worried about is how it follows you later, on a background check or a job application. If you’re looking for a Wilmington trespassing lawyer, getting ahead of it now is the right call.

The reassuring part is that a charge is the start of a process, not a verdict on you. A lot turns on details like whether you actually had notice you weren’t allowed to be there, and whether the state can prove it.

Our founding attorney has spent more than 28 years defending criminal cases inside the New Hanover County Courthouse. As experienced Criminal Defense Lawyer, we know how these cases are handled and which ones tend to fall apart. The sooner you know where you stand, the more room you have to act on it.

Contact us today, tell us what happened, and we’ll review your charge and lay out exactly what comes next.

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Call Now 910-762-1672

Choosing The Shotwell Law Group as Your Wilmington Trespassing Defense Attorneys

When you hire us for a trespassing charge, you get a firm that has handled criminal cases in this courthouse since 1997. Our founding attorney, H. Lawrence Shotwell, has spent more than 28 years defending charges in New Hanover, Pender, and Brunswick counties, from simple misdemeanors to first-degree murder before a jury. The same preparation that goes into the most serious felony is what we bring to a trespassing case.

The Shotwell Law Group holds a Martindale-Hubbell “Distinguished” peer rating, a recognition earned from other attorneys rather than from advertising, and carries a 5.0-star average across more than 214 client reviews.

Our office sits a few blocks from the New Hanover County Courthouse, and we are in that building often enough to know how trespassing cases get charged and resolved here. Bring us the facts of your case, and we can tell you where you stand and how we may be able to help.

Real Case Results

The outcomes below are from the firm’s record of criminal defense in New Hanover County. They are not trespassing-specific.

• Dismissed: First Degree Arson, New Hanover County.
• Not Guilty: Discharge of a Weapon into an Occupied Dwelling, New Hanover County.
• Dismissed: Felony Possession of Stolen Firearm and related charges, New Hanover County.

Each of these started as a serious accusation and ended with no conviction. Prior results do not guarantee a similar outcome, but they show how we approach every case in this courthouse.

Trespassing Charges and Penalties in North Carolina

Most trespassing cases start with a misunderstanding, not a crime, but the charge level still drives how much is at stake. Here is what each charge means and what it carries across New Hanover, Pender, and Brunswick counties:

• First degree trespass: Entering or staying on property clearly enclosed or secured to keep people out. A Class 2 misdemeanor under C.G.S. § 14-159.12, carrying up to 60 days. Certain cases can be charged as a felony.
• Second degree trespass: Staying after being told to leave, or entering posted property. Usually a Class 3 misdemeanor under C.G.S. § 14-159.13, with up to 20 days — though for a Class 3 charge, a person with three or fewer prior convictions can only be fined, not jailed.
• Domestic criminal trespass: Entering a home or property after a present or former spouse (or someone you lived with as if married) has revoked your access, in situations where the two of you are living apart. This is a Class 1 misdemeanor, with up to 120 days.
• Trespass at a business: Charges filed after you were banned or asked to leave a store, bar, or workplace, most often charged as second-degree trespass.
• Trespass with breaking and entering: Where a more serious accusation is also on the table, raising the exposure well beyond a misdemeanor.

These day counts are the statutory maximums, and they apply only at the highest prior-record level (five or more prior convictions under N.C.G.S. § 15A-1340.23). For a first offense, the court generally cannot impose active jail time, and the real exposure is considerably lower.

For most people, the lasting damage is not the jail exposure but the record, which can show up on employer and landlord background checks for years.

How Our Wilmington Defense Lawyers Defend Trespassing Charges

A trespassing charge may have more weak points than most people realize, and we look for each one before your first court date. The State has to prove you were on the property without authorization and, in many cases, that you were properly warned or that the property was posted or secured. When that proof is thin, the case can be vulnerable.

We build the defense around the facts of your situation. Common approaches include:

• Challenging notice: Whether you were actually told to leave or the property was lawfully posted.
• Raising a claim of right: Where you reasonably believed you were allowed to be there.
• Testing the State’s evidence: Gaps in witness accounts, timelines, or proof the property was enclosed or secured.
• Protecting your record: Negotiating for a dismissal or a result that keeps the charge from following you.

Even when a charge cannot be dismissed or settled with a reduced plea, we have a strong record of taking cases in front of a jury, and that readiness shapes how we prepare your trespassing case from the first meeting.

Frequently Asked Questions About Trespassing Law

Will a trespassing charge show up on my background check?

Yes. A trespassing charge, and any conviction, can appear on criminal background checks used by employers and landlords. Taking quick action to resolve the charge can be crucial to protecting your record going forward.

What court handles trespassing charges in New Hanover County?

Misdemeanor trespassing cases are heard in New Hanover County District Court at the courthouse on 316 Princess Street in Wilmington. The Shotwell Law Group office sits a few blocks away.

Can a trespassing charge be dismissed or expunged in North Carolina?

Possibly. In our experience, many trespassing cases can be resolved without a conviction, and a dismissal or a qualifying first offense may later be eligible for expungement. Our trespassing lawyers in Wilmington can review whether your case qualifies.

Do I really need a lawyer for a misdemeanor trespassing charge?

You have a legal right to an attorney. A misdemeanor is still a criminal charge that can leave a permanent record. Our defense attorneys have a solid track record of resolving these cases, and the cost of handling it well now is far smaller than carrying a record later.

Talk to a Wilmington Trespassing Lawyer Before Your Court Date

You do not have to figure this out alone, and you do not have to wait until you are standing in front of a judge to understand your options. The sooner we review your case, the more options we may have to seek a dismissal or a result that keeps the charge off your record.

Contact a Wilmington trespassing defense attorney at The Shotwell Law Group today to schedule a confidential consultation about your trespassing charge in New Hanover, Pender, or Brunswick County.