Misdemeanors in NC
The Raleigh criminal lawyers in our Criminal Law Division have the experience to handle a wide variety of misdemeanor charges. At face value, misdemeanor charges are not as serious as felony charges, but sometimes the punishment can be more serious for a misdemeanor conviction than for a felony. If you are charged with a misdemeanor, you could face:
- Jail time
- Community Service Hours
- Probation
- Fines
- Restitution
Other penalties and punishments are possible. N.C.G.S. §15A 1340.23 tells the Judge how much punishment you can receive for a misdemeanor conviction. The Office of the District Attorney is required by law to present to the court a Criminal Record Level. The Criminal Record Level is determined by adding the number of prior misdemeanor and felony convictions, and matching that number to the particular class the misdemeanor is. The classes of misdemeanors are A1, 1, 2, and 3, with A1 being the worst. Criminal Record Levels can be 3, 2, or 1, with 3 being the worst.
MISDEMEANOR PUNISHMENT TABLE
| Record Level | Level 1 | Level 2 | Level 3 |
| # of Prior Convictions | No Prior Convictions | One to Four Prior Convictions | Five or More Prior Convictions |
| Class A1 | 1-60 days C/I/A | 1-75 days C/I/A | 1-150 days C/I/A |
| Class 1 | 1-45 days C | 1-45 days C/I/A | 1-120 days C/I/A |
| Class 2 | 1-30 days C | 1-45 days C/I/A | 1-60 days C/I/A |
| Class 3 | 1-10 days C | 1-15 days C/I | 1-20 days C/I/A |
(1993, c. 538, s. 1; 1994, Ex. Sess., c. 24, s. 14(b); 1995, c. 507, s. 19.5(g).)
(C stands for Community Punishment; I stands for Intermediate Punishment; A stands for Active Punishment)
Convictions in another state can count North Carolina. There is no time limit. If you have a conviction on your record from age 16, that conviction can stay with you for the rest of your life.
You need to seek the advice of an experienced lawyer. Our number is 1 800 738 0449 and we would enjoy arranging a time to speak to you about your case. After discussing the matter, where you tell us the facts and we tell you the law, you might want to fight your charge at trial. Our team has extensive experience trying cases. We can use our knowledge and experience to help fight for you and beside you in court. It might even be the case that the Office of the District Attorney would be willing offer a plea to a reduced charge, or a plea to a single charge in exchange for dismissal of another. The process is known as “plea bargaining.” A plea bargain, if offered, can sometimes include an agreement about punishment, such as serving community service instead of jail time. Sometimes the DA’s Office and the Judge will allow you to complete certain requirements, such as community service, by a certain date, and if you do it they will dismiss the charges against you.
A misdemeanor charge can be scary. You should never face the criminal justice system alone. If you are facing a misdemeanor charge, you need to contact an experienced Raleigh criminal lawyer.