In North Carolina, misdemeanors are divided into one of four classes: A1, 1, 2, and 3.
Class A1 is the most serious. Examples include assault with a deadly weapon, assault inflicting serious injury, and assault on a female or government employee. The maximum sentence is 150 days in jail and a fine determined by the court.
Examples of Class 1 misdemeanors include possession of drug paraphernalia, larceny, possession of stolen goods, and communicating threats. The maximum penalty is 120 days and a discretionary fine.
The maximum sentence for a Class 2 misdemeanor is 60 days and a $1,000 fine. Examples of Class 2 misdemeanors include simple assault, disorderly conduct, resisting arrest, possession and carrying a concealed weapon.
Class 3 misdemeanors are the least serious. The maximum penalty the court can imposed is 20 days in jail and a $200 fine. Examples include simple possession of marijuana, concealing goods in a store, and violation of city code provisions.
Whether you have any prior criminal conviction plays an important role in determining the punishment imposed. Prior record level is divided into three categories:Level 1-no prior convictions;
Level 2-one to four prior convictions and;
Level 3-five or more prior convictions.
If you have been accused of a misdemeanor, David R. Hamm will negotiate with the prosecutor on your behalf for a dismissal; deferred prosecution; prayer for judgment continued (PJC); or a plea bargain to a lesser offense. If a favorable plea agreement cannot be agreed upon, he will take your case to trial.
Call today for prompt and dedicated legal advice and representation. Initial consultations are free and payment plans are available.