What Crimes Are Considered Misdemeanors in North Carolina? 2024

In the United States, crime is categorized by its severity. There are two distinct classes, and every crime fits into one or the other. These are called misdemeanors and felonies. Felonies are more serious than misdemeanors and carry with them more serious consequences. Misdemeanors are still considered crimes, but they have less severe repercussions. All misdemeanors can be classified into four categories: Classes A1, 1, 2, and 3. If you are charged with a crime, you may be asking yourself, “What crimes are considered misdemeanors in North Carolina?”

Misdemeanors vs. Felonies

Whether a crime is classified as a misdemeanor or a felony depends largely upon how violent and severe the offense is. Misdemeanors are considered less serious than felonies, but that doesn’t mean they are insignificant. Depending on the severity of the misdemeanor, punishment will still include jail time and fines, just not for as long or as much as a felony would. Felonies typically involve some sort of physical or psychological violence.

Some common examples of misdemeanors include:

• Shoplifting
• Larceny
• Simple possession of marijuana
• Reckless driving
• Public intoxication
• Breaking and entering
• Criminal trespassing
• Carrying a concealed weapon

Some common examples of felonies include:

• Robbery
• Kidnapping
• Aggravated assault
• Arson
• Domestic violence
• Manslaughter

Class 3 Misdemeanors

Class 3 misdemeanors are the least serious misdemeanor offenses. For someone who does not have a long record of previous offenses, being charged with a Class 3 misdemeanor will probably only result in you having to pay a fine. However, for repeated offenders, jail time is a possibility. Some examples of Class 3 misdemeanors include:

• Simple possession of marijuana
• Certain types of trespassing
• Violating city ordinances and codes
• Public intoxication
• Driving while your license is revoked
• Shoplifting

Class 2 Misdemeanors

Class 2 misdemeanors are those that are more serious than Class 3 but less serious than Class 1 or Class 1A. These can be thought of as the medium level of misdemeanors. If you are convicted of a Class 2 misdemeanor, you could potentially face up to 60 days in jail while also paying up to $1,000 in fines. Each individual situation will result in various outcomes. Some of the more common Class 2 misdemeanors include:

• Simple assault
• Reckless driving
• Unlawfully carrying a concealed weapon
• Resisting a police officer
• Disorderly conduct
• Failure to stop for a blue light and/or siren

Class 1 Misdemeanors

Class 1 misdemeanors are some of the most serious crimes that still are not considered felonies. These can result in up to 120 days in jail as well as fines that are set by the discretion of the court. While Class 1 misdemeanors are not quite the most serious misdemeanors, they are still very serious crimes with serious consequences and punishments. Some examples of Class 1 misdemeanors include:

• Possession of drugs
• Larceny
• Possession of stolen property
• Breaking and entering
• Soliciting a prostitute
• Damaging personal property
• Threatening another individual

Class 1A Misdemeanors

Class 1A misdemeanors are the most serious misdemeanors that you can be charged with in North Carolina. These are considered to be just one step down from a felony and are treated with extreme seriousness and severity. If you are charged with a Class 1A misdemeanor, you could face up to 150 days in jail in addition to a fine that is set by the discretion of the court. Some examples of Class 1A misdemeanors include:

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

Prior Criminal Activity

When an individual is charged with a crime, police and prosecutors will analyze the details of the offense to determine the charge. However, they are not the only factors that are taken into consideration. The individual’s criminal record will also be reviewed, and their sentencing may be more severe if they hold a record. In such cases, it is imperative to have an experienced attorney who can guide you through the legal process and ensure that you do not receive a harsher sentence than what is just.

FAQs

Q: What Is a Class 1 Misdemeanor in North Carolina?

A: Class 1 misdemeanors refer to crimes that are on the more serious side of the misdemeanor spectrum. Some examples of these would include:

• Larceny
• Possession of stolen property
• Criminal trespassing
• Cyberbullying
• Breaking and entering
• Soliciting a prostitute

While no two crimes always end in the same punishment, being convicted of a Class 1 misdemeanor can result in up to 120 days in jail, along with a fine that is determined by the court.

Q: What Is the Most Common Misdemeanor?

A: While the percentages of types of misdemeanors change from year to year in North Carolina, there are some overall trends. The largest portion of misdemeanors are nonviolent rather than violent. Examples of nonviolent misdemeanors would include traffic offenses, larceny, injury to property, unlawfully carrying a concealed weapon, and other similar crimes.

Q: What Is the Lowest Misdemeanor in North Carolina?

A: The lowest, or least serious, misdemeanor in North Carolina is the Class 3 misdemeanor. Some examples of this type of misdemeanor can include shoplifting, public intoxication, possession of marijuana in small portions, and some open container violations. Punishments for a Class 3 misdemeanor can include up to twenty days in jail and up to a $200 fine.

Q: What Is the Difference Between Violent and Non-Violent Misdemeanors?

A: Misdemeanors are categorized into two main groups, violent and non-violent. Violent misdemeanors refer to acts that are done with the intention of hurting or killing a person. Non-violent misdemeanors are committed while intending to harm or damage property or other things instead of people. The repercussions for violent misdemeanors are often more severe than for non-violent misdemeanors.

Legal Assistance for a Misdemeanor Charge in Iredell County and Surrounding Areas

While misdemeanors may not be as serious as felony charges, the result of being convicted of a misdemeanor can still have a lasting negative effect on your life. If you are facing misdemeanor charges, it is important to seek legal counsel right away. Contact The Law Office of Michael D. Cleaves, PLLC, today to learn more about how you can get help for your case.