Charged with a Class 1 Misdemeanor in North Carolina? Now what?
In North Carolina, misdemeanors are broken down into four different classes with the lowest class being a Class 3 Misdemeanor and the highest class being a Class A1 Misdemeanor.
Examples of Class 1 Misdemeanors that our office handles include but are not limited to:• Breaking or Entering Buildings (NCGS 14-54(b))
• Communicating Threats (NCGS 14-277.1)
• Contributing to the Delinquency of a Juvenile (NCGS 14-316.1)
• Driving While License Revoked (Impaired Revocation) (NCGS 20-28(a1))
• Failure to Stop for Stopped School Bus (NCGS 20-217)
• Hit and Run Property Damage (NCGS 20-166)
• Injury to Personal Property, >$200 (NCGS 14-127)
• Larceny of Property, Worth $1000 or Less (NCGS 14-72)
• Misuse of 911 (NCGS 14-111.4)
• Possession of Certain Controlled Substances (NCGS 90-95(d)(2))
• Possession of over ½ once of Marijuana (NCGS 90-95(d)(4))
• Possession of Stolen Goods (NCGS 14-72)
• Possession / Manufacture of Fraudulent ID (NCGS 14-100.1)
• Purchase/Possess/Consume Alcohol by Person under 19 (NCGS 18B-302)
• Speeding to Elude (NCGS 20-141.5)
• Unauthorized Use of Motor Vehicle (NCGS 14-72.2)
What are the consequences for a Class 1 Misdemeanor?The consequences for a Class 1 Misdemeanor depend on your record level. If you have one prior criminal conviction, you are considered a record level I. If you have between one and four prior criminal convictions, you are considered a record level II. If you have five or more prior criminal convictions, you are considered a record level III.
Offenders who are a record level I may not be sentenced to any jail time. In fact, generally, first time offenders who are considered record level I for sentencing purposes will also qualify for a dismissal as part of a deferred prosecution. Depending on the type of charge, you may qualify for the First Offender’s program which involves completing 75 hours of community service for a dismissal. Or, you may qualify for the 90/96 program which involves completing substance abuse treatment.
Offenders who are record level II may be sentenced to up to 45 days in jail at the judge’s discretion or may be sentenced to probation, community service or simply asked to pay a fine.
Offenders who are a record level III may be sentenced to up to 120 days in jail at the judge’s discretion, or may be sentenced to probation, community service or simply asked to pay a fine.
Misdemeanor Defense Law Firm in Wake County NCAn experienced attorney can best help you avoid a harsh sentence and work with the prosecutor to get a deal on your behalf. At The Law Offices of Wiley Nickel, our first goal is always to seek a dismissal of the charges. If the charges are dismissed, we can then help you get the charge removed from your record through the expungement process. Give attorneys Kristi Haddock, Melissa Botiglione, or Wiley Nickel a call at 919-650-2851 to discuss your options. We offer FREE consultations.