Q: Hello. On the 4th of July I went to a railroad bridge to jump off and swim. What is the normal punishment for this type
I got a trespassing on railroad right of way ticket. What will be the normal punishment for this. I have no other previous charges before this. Is there anyway I could get this dropped?
A:
GOOD QUESTION
Need more info. Are you asking for info on NC criminal laws?
We've had success in the past obtaining a favorable result with trespassing cases; but, a LOT depends on the nature and circumstances of the offense.
The DA's Office also considers things like prior history, warnings, relative level of danger, etc., in exercising their discretion in pursuing both felony or criminal charges in NC.
ONE WOULD REASONABLY ASSUME THESE ARE MISDEMEANOR CRIMINAL CHARGES, without more info.
General trespassing info in North Carolina:
§ 14-159.13. Second degree trespass.
(a) Offense. - A person commits the offense of second degree trespass if, without authorization, he enters or remains on premises of another:
(1) After he has been notified not to enter or remain there by the owner, by a person in charge of the premises, by a lawful occupant, or by another authorized person; or
(2) That are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises.
(b) Classification. - Second degree trespass is a Class 3 misdemeanor
Info on RAILROAD trespassing, which is also a Class 3 Misdemeanor:
§ 14-280.1. Trespassing on railroad right-of-way.
(a) Offense. – A person commits the offense of trespassing on railroad right-of-way if
the person enters and remains on the railroad right-of-way without the consent of the railroad
company or the person operating the railroad or without authority granted pursuant to State or
federal law.
(b) Crossings. – Nothing in this section shall apply to a person crossing the railroad
right-of-way at a public or private crossing.
(c) Legally Abandoned Rights-of-Way. – This section shall not apply to any
right-of-way that has been legally abandoned pursuant to an order of a federal or State agency
having jurisdiction over the right-of-way and is not being used for railroad services.
(d) Classification. – Trespassing on railroad right-of-way is a Class 3 misdemeanor.
Bill Powers
NC Criminal Defense Lawyer
CarolinaAttorneys.com
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