North Carolina Misdemeanor Offenses

In North Carolina, different misdemeanor offenses are divided into four categories. The four categories are A1, 1, 2, and 3 and depend on the level of severity of the offense. Other determining factors that contribute to the final outcome of a misdemeanor case include your criminal record and whether you have made any deals with the district attorney’s office. The four categories of misdemeanor offense are broken down as follows:

Class 3 Misdemeanor Offenses

This type of misdemeanor offense is the least serious of the four classifications. If charged with a Class 3 misdemeanor, the maximum penalty you will face is 20 days in jail and a $200 fine. Some examples of Class 3 misdemeanors in North Carolina include:

• Simple possession of marijuana
• Concealing goods in a store
• Driving while license is revoked (DWLR)
• 2nd degree trespassing and city code violations

If you have less than four prior convictions on your criminal record, the law states that you can only be charged with a fine and will not receive jail time or probation. 

Class 2 Misdemeanor Offenses

If you are charged with a Class 2 misdemeanor in North Carolina you may face a maximum penalty of 60 days in jail and a $1,000 fine. This class of misdemeanor offenses include crimes like:

• Simple assault
• Disorderly conduct
• Resisting a police officer
• Carrying a concealed weapon
• Failure to stop for a blue light and siren

Class 1 Misdemeanor Offenses

If charged with a Class 1 misdemeanor, you may receive a maximum penalty of 120 days in jail and a discretionary fine. These crimes include:

• Possession of drug paraphernalia
• Larceny
• DWLR if your license was revoked due to a DWI conviction
• Possession of stolen goods
• Damaging personal property
• Making threats

Class A1 Misdemeanor Offenses

This is the most serious classification of misdemeanor offenses in North Carolina. The maximum penalty for a Class A1 misdemeanor is 150 days in jail and a discretionary fine. This class of North Carolina misdemeanors include:

• Assault with a deadly weapon
• Assault inflicting serious injury
• Assault on a female
• Assault on a government employee
• Violation of a restraining order

A discretionary fine can vary in cost greatly depending on the crime committed and the severity of that crime.

After you have been arrested and charged with a misdemeanor in North Carolina, your case will be heard by your district court. When you arrive for your court date, you may have a few different options concerning your case:

• Your criminal defense attorney can negotiate a plea deal
• Your attorney may show the district attorney that you have a strong defense for the claims made against you or that the charges against you are false, in this case the DA can dismiss your case
• If the necessary witnesses never show up to court, your case may be dismissed
• You can take part in a deferral program depending on your prior criminal record
• You can plead “not guilty” and take your case to trial

If you are unsure of what to do when your misdemeanor case goes to court, it is important that you contact a criminal defense attorney who can help you with your case.