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.
DWI’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).
