What are the Classes of Misdemeanors in NC?

Being found guilty of a misdemeanor can lead to heavy fines, community service, probation, or jail time for up to one year. You also encounter trouble trying to get a job or an apartment with a criminal record. After a time, the state may wipe some misdemeanor crimes from your record. However, violent misdemeanors are on your record for life in North Carolina. Let’s look at the different classes of misdemeanors in NC.

Four Classes of Misdemeanors

North Carolina misdemeanors have four classes: A1, 1, 2, and 3. You can read the classifications for every misdemeanor at NCCourts.gov. An A1 misdemeanor is the most serious offense. Examples of each type include:

Class 3 (Least Serious Type of Misdemeanor)

Giving your issued license plate for use on another vehicle
Violation of window tinting regulations
Operating a commercial vehicle after consuming alcohol (1st offense)
Driving a school bus, school activity bus, child care vehicle, ambulance, EMS

vehicle, firefighting vehicle, or law enforcement vehicle after consuming alcohol (1st offense)

Transporting an open container of alcoholic beverage after drinking alcohol (1st offense)
Driving on a highway 15 mph above the speed limit or over 80 mph

Class 2

Possession of a controlled substance classified as Schedule V
Operating a boat or recklessly manipulating water skis while intoxicated
False statement regarding a protective order
Standing, sitting, or lying upon highways or streets
Unlawful racing on streets and highways willfully in a speed competition
Reckless driving

Class 1

Disorderly conduct or injury to public buildings and grounds
Removing a dead human body without authorization
Use of false information to change a student’s school assignment
Parent or guardian violation of Compulsory Attendance for a student
Unlawful taking, possession, transportation, sale, or purchase of any bald or golden eagle, alive or dead, or any part, nest, or egg
Illegal use of firearms causing bodily injury that does not lead to disfigurement or disability

Class A1 (Most Serious Type of Misdemeanor)

Battery of an unborn child
Assaults on disabled persons
Assault by pointing a gun
Secretly peeping into a room with another person while possessing a camera
Child abuse
Violation of a valid protective order

Misdemeanor Negotiations

Your previous offenses affect the consequences of a misdemeanor. Attorneys often work with a prosecutor to get charges reduced or dropped. In these cases, your legal team handles the charges without you ever stepping foot into a courtroom.

If you do find yourself in a courtroom, anything can happen. However, the judge considers your legal team’s arguments before determining your sentence.

You CAN Serve Jail Time for Misdemeanor Convictions

You may have heard that misdemeanors are no big deal. However, this all depends on how many prior convictions you’ve had. A misdemeanor conviction can get you up to 150 days in prison.

There are four kinds of consequences for misdemeanor violations. They include fines, community punishment, intermediate punishment, and active punishment.

Fines:

A fine for a misdemeanor in NC could range from $200-$1000 with the less serious misdemeanors. However, with a class 1 or higher misdemeanor, the fine’s amount is up to the judge’s discretion.

Community Punishment:

Community punishment is a probation sentence. Probation could include community volunteer service.

Intermediate Punishment:

An intermediate punishment could include:

probation
possible jail time
drug or educational treatment programs
confining your location

Active Punishment:

Active punishment is time in jail or prison. With an A1 misdemeanor conviction, you face jail time, even as a first offense.

Misdemeanor Levels Matter

Each class of misdemeanors has likely penalties associated with the class. However, your punishment depends on your number of prior convictions. Your number of convictions determines the “Level” of your consequence.

In North Carolina, if you commit an A1 misdemeanor with no prior convictions, the sentence varies. The judge could give you 1-60 days of community punishment, intermediate punishment, or jail time. However, if you have five or more prior convictions, you’re looking at up to 150 days in prison.

The more prior convictions, the higher the level and the more severe the punishment. That’s why it is so essential to hire a legal defense team the moment you face charges. A misdemeanor is no laughing matter and can make the rest of your life difficult.

We Can Help

At Cape Fear Law, we have defended a wide range of misdemeanor cases. Our experienced criminal defense attorneys represent your best interests with all levels and classes of misdemeanors. Your case matters to us, and we find the answers for you within the North Carolina legal system. We want to walk with you through this challenging experience.