“It’s just a misdemeanor. How bad can it be?”
You’ve been charged with a misdemeanor offense under North Carolina law. You’ve done some web searches, and you see that the penalties are fairly minor. Maybe a buddy has gone through it before and says you can handle it yourself.
Time for a reality check. Even if the punishments are minor, the consequences can be widespread. Misdemeanors create permanent criminal records, potential driver license issues, potential barriers to employment, and in many cases, potentially catastrophic immigration consequences.
Having an experienced lawyer guide you through the process often makes all the difference in the world.
What Counts as a Misdemeanor in North Carolina
All crimes in North Carolina are creations of statute. Misdemeanor offenses are classified into four different classes with different punishments available. N.C.G.S. § 15A-1340.23 sets forth the maximum punishment for each class as follows:
| Misdemeanor Class | Level I - 0 priors | Level II - 1-4 priors | Level III - 5+ priors |
|---|---|---|---|
| Class A1 | 1-60 days | 1-75 days | 1-150 days |
| Class 1 | 1-45 days | 1-45 days | 1-120 days |
| Class 2 | 1-30 days | 1-45 days | 1-60 days |
| Class 3 | 1-10 days | 1-15 days* | 1-20 days |
While those are the maximum jail sentences, there are also fines. For a class 3 misdemeanor, the maximum fine is $200. For a class 2 misdemeanor, the maximum fine is $1000. For classes A1 and 1, the judge has discretion to levy a fine. If you have no more than three prior convictions, a class 3 misdemeanor may be punished by a fine only – the judge has no discretion to impose a jail sentence.
Common Misdemeanors
Some common examples of misdemeanors in North Carolina include:
- Simple assault, Class 2
- Assault with aggravating circumstances, Class 1
- Assault with a deadly weapon, assault on a female, assault causing serious injury, Class A1
- Misdemeanor domestic violence, Class A1
- Larceny of Property worth less than $1000, Class 1
- Simple possession of a controlled substance, Class 2 or 3 (depending on the substance)
In addition, most DWIs are misdemeanors, but they have their own sentencing rules not covered in this article.
The Hidden Costs of a Misdemeanor Conviction
Even if the penalty is limited to a fine, there are consequences beyond the find to a misdemeanor conviction. Those consequences include:
- Criminal record that will appear on background checks
- Driver’s license points and possible suspension
- Employment, professional licensing, housing, and education impacts
- Immigration consequences for non-citizens
- Enhanced penalties if you are charged again later.
What Can an Experienced Lawyer Do in a Misdemeanor Case?
If you are charged with a misdemeanor, early consultation with an experienced lawyer is critical. Lawyers will provide early case evaluation, reviewing the charges against you and what evidence might exist, while getting your side of the story. Once engaged, the lawyer can negotiate potential outcomes with the prosecutor, such as reduced charges, plea options, deferred prosecution (often on completion of some sort of program or school), or a Prayer for Judgment Continued (PJC) where available. The lawyer can also review whether there are potential constitutional issues, like an illegal search, statements obtained in violation of Miranda rights, or confrontation clause issues. If negotiations fail, attorneys will prepare for trial, including preparing you for testimony if required. Finally, the attorney will guide you through all your court appearances so you don’t inadvertently make a mistake, like admitting to elements of a crime when you did not intend to.
What are the Risks of Representing Myself?
Despite countless television shows and movies making it look easy, courtroom procedures and the rules of evidence that govern hearings and trials are far from intuitive. They are complex, and people representing themselves often make mistakes. Sometimes they talk too much and admit to things they never intended to admit. Sometimes they miss deadlines (and end up with an Order for Arrest). More frequently, people representing themselves accept a plea bargain without understanding the potential adverse consequences outside the courtroom, like those listed above. The other issue is that the system is designed to be adversarial, and prosecutors are very well-trained advocates.
That said, if your matter is one that you could represent yourself, such as a traffic infraction that only carries a fine with no criminal record, I won’t urge you to hire me where you can handle it easily. But most misdemeanor charges are serious enough that you should reach out and schedule a 15 Minute Discovery Call to see if I can help you with your misdemeanor charges.
Have you been charged with a misdemeanor in North Carolina?
Schedule a 15-Minute Discovery Call before you go alone.
Schedule a 15-Minute Discovery Call