Misdemeanors In North Carolina

N.C.G.S.§ 15A-1340.23. Below Are The 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 Arabic numbers 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.

Our experienced criminal defense attorneys at Plumides, Romano & Johnson, PC can comb through your charges, gather evidence in your defense, and poke holes in the State’s case against you.

Depending on the evidence and your potential defenses at trial, your attorney can try to negotiate lesser charges, deferred prosecution, or dismissal of your case if you wish. We will of course always protect an individual’s right to trial if, after discussing your case thoroughly, that is how you wish to proceed.

As part of analyzing your potential defenses, our attorneys will comb through the charges against you to see if the State violated your Constitutional rights during the investigation or prosecution of your case. If a judge suppresses certain evidence in your case, that means the State cannot use the evidence against you at trial and dismissal is often in order. With misdemeanor charges, certain witnesses are also usually required to show up to court and testify in order for the State to prove their case.

Remember, you never have to prove your innocence: the State has to prove their case against you.

If you or a loved one has been charged with a misdemeanor in North Carolina, please contact PRJ Law as soon as possible so that evidence can be gathered in your defense. Our attorneys have made it their lives’ work to vigorously defend individuals against government allegations and stand at the ready to evaluate and fight for your case.