Misdemeanor charges begin in District Court. In district court you may have several options available to you to dispose of your case. Some options include deferred prosecution, a plea negotiation, outright dismissals, and trials.
There are four classes of Misdemeanors in North Carolina. Each class of misdemeanor carries its own statutorily prescribed punishment.
Class 3 Misdemeanors, the lowest class of misdemeanors in North Carolina carry a maximum punishment of 20 days active jail time and up to a $200.00 fine. Other punishments for convictions of Class 3 Misdemeanors include cost/fine only and supervised or unsupervised probation.
Examples of Class 3 Misdemeanors include but are not limited to the following: Possession of less than 1/2 oz of Marijuana, Driving While License Revoked-Non Impaired Revocation, Window Tinting Violations, and Second Degree Trespassing.
Class 2 Misdemeanors carry a maximum punishment of 60 days active jail time and up to a $1000.00 fine. Supervised Probation is also authorized for Class 2 Misdemeanors and all higher classes of Misdemeanors.
Examples of Class 2 Misdemeanors include but are not limited to the following: Careless and Reckless Driving, second and subsequent offenses of Transporting an Open Container of an Alcoholic Beverage, and Simple Assault.
Class 1 Misdemeanors carry a maximum Punishment of 120 days active jail time and fines for these types of offenses are left to the discretion of the Court.
Examples of Class 1 Misdemeanors include but are not limited to the following: Certain Larcenies, Driving While License Revoked-Impaired Revocation, Unauthorized Use of a Motor Vehicle, and Injury to Real Property.
Class A1 Misdemeanors carry a maximum punishment of 150 days. Just like Class 1 Misdemeanors, Class A1 fines are left to the discretion of the court.
Examples of Class A1 Misdemeanors include but are not limited to the following: Assault on a Female, Assault with a Deadly Weapon, Interfering with Emergency Communication, Sexual Battery, and Battery on an Unborn Child.
If you are charged with a Misdemeanor or any alleged violation of a North Carolina law, contact us. We are here to help!
The following Chart and Statutorily Authorized Punishments for Misdemeanors can be found by clicking on the image below. (N.C.G.S 15A-1340.23)