Misdemeanors

A misdemeanor is defined as a criminal offense lesser than a felony and generally punishable by a fine, imprisonment (other than in a penitentiary), or both depending on the offense. Traffic offenses are generally characterized as misdemeanors.

Sentencing for misdemeanor offenses and other consequences are less severe than those for felonies. For instance, a conviction of a misdemeanor offense will not affect your right to vote.  It will, however, stay on your criminal record for life.  Certain misdemeanor offenses, characterized as offenses against morality, will have a greater impact on you for the rest of your life because of the nature of the offense regardless of the sentence imposed by the court. As an example, a conviction of larceny (stealing) is considered much more serious than trespassing when applying for a job.

Misdemeanor classifications

The state of North Carolina categorizes misdemeanors into four classes:

  • Class A1
  • Class 1
  • Class 2
  • Class 3

The classifications are categorized as such that Class 3 misdemeanors have minor penalties, while Class A1 misdemeanors have the most severe penalties.  The following is a chart that sets forth the sentencing for misdemeanor offenses. 

Sentencing

North Carolina General Statute § 15A-1340.23 sets for the following:

Punishment limits for each class of offense and prior conviction level

(a) Offense Classification; Default Classifications. -- The offense classification is as specified in the offense for which the sentence is being imposed. If the offense is a misdemeanor for which there is no classification, it is as classified in G.S. 14-3.

(b) Fines. -- Any judgment that includes a sentence of imprisonment may also include a fine. Additionally, when the defendant is other than an individual, the judgment may consist of a fine only. If a community punishment is authorized, the judgment may consist of a fine only. Unless otherwise provided for a specific offense, the maximum fine that may be imposed is two hundred dollars ($ 200.00) for a Class 3 misdemeanor and one thousand dollars ($ 1,000) for a Class 2 misdemeanor. The amount of the fine for a Class 1 misdemeanor and a Class A1 misdemeanor is in the discretion of the court.

(c) Punishment for Each Class of Offense and Prior Conviction Level; Punishment Chart Described. -- Unless otherwise provided for a specific offense, the authorized punishment for each class of offense and prior conviction level is as specified in the chart below. Prior conviction levels are indicated by the Roman numerals placed horizontally on the top of the chart. Classes of offenses are indicated by the Roman numerals placed vertically on the left side of the chart. Each grid on the chart contains the following components:

(1) A sentence disposition or dispositions: "C" indicates that a community punishment is authorized; "I" indicates that an intermediate punishment is authorized; and "A" indicates that an active punishment is authorized; and

(2) A range of durations for the sentence of imprisonment: any sentence within the duration specified is permitted.

MISDEMEANOR PRIOR CONVICTION LEVELS

Offense Class

Level I

Level II

Level III
 

No Prior Convictions

One to Four Prior Convictions

Five or More Prior Convictions

A1

1 – 60 days C/I/A

1 – 75 days C/I/A

1 – 150 days C/I/A

1

1 – 45 days C

1 – 45 days C/I/A

1 – 120 days C/I/A

2

1 – 30 days C

1 – 45 days C/I

1 – 60 days C/I/A

3

1 – 10 days C

1 – 15 days C/I

1 – 20 days C/I/A

ALTERNATIVES TO CONVICTIONS

Diversion programs:

In some instances and if you have not prior criminal or drug related convictions you may qualify for diversion programs. The programs have specific criteria.  They generally require one to complete a range of community service, pay a fine, one to complete an educational program, and for you to remain free on any further charges for a specific period of time. In exchange, the court will dismiss your case and expunge your record. Please contact Hopper Law Firm and speak to an attorney about your specific situation to see if you qualify.

North Carolina misdemeanor offenses may include:

If you have been charged with a misdemeanor crime, please contact us today for more information regarding your individual situation and schedule an appointment for a free consultation with one of our experienced Criminal Law attorneys.

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Areas We Serve

The attorneys of Hopper Law Firm have practiced law predominantly in Raleigh, North Carolina (Wake County) and the greater Triangle area since 1994. However, depending upon the nature of the case, we often serve clients in the surrounding counties, including: Durham, Chatham, Orange, Johnston, Franklin, Harnett, Guilford, and Cumberland.