Misdemeanors

For those of you that live outside of Raleigh especially those of you that live out of state it is helpful for you to know that an attorney can often (but not always) appear for you on a misdemeanor without you having to be present. See N. C. Gen. Stat. Section 15A-1011.

An attorney can often work out a deferral agreement for you in misdemeanor cases where the State may, in certain instances, offer to dismiss your case in return for your completion of a number of community service hours or your completion of a set of anger management or substance abuse classes.

Misdemeanors are lesser crimes in North Carolina punishable by the costs of court, fines, probation, jail and in a limited number of cases by time in the NC Department of Correction. See N. C. Gen. Stat. Section 14.1, 14.3 and Section 15A-1340.20. The type of sentence depends on your criminal history and the nature of the offense. N. C. Gen. Stat. Section 15A-1340.21. DUI-DWI-DWLR’s are misdemeanors but have their own sentencing statute N. C. Gen. Stat. Section 20-179.

The most serious misdemeanors are class AI misdemeanors such as assault with a deadly weapon and assault on a female which are punishable by a maximum of 150 days in jail. N. C. Gen. Stat. Section 14-33.

Some of the least serious misdemeanor offenses are shoplifting (first offense of concealment of goods N. C. Gen. Stat. Section 14-72.1) and possession of less than one half ounce of marijuana which are both punishable by a maximum of 20 days in jail N. C. Gen. Stat. Section 90-95(d)(4).