I was charged with a Class 2 Misdemeanor in North Carolina; Will I go to Jail?
Most offenders who are charged with a Class 2 Misdemeanor do not receive any jail time as part of their sentence. 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 2 Misdemeanors that our office handles include:Carrying Concealed Weapons (first offense)
Cyber- Bullying, Defendant under 18
Driving after Consuming
Failure to Appear on a Misdemeanor
Failure to Report an Accident
Failure to Yield to Emergency Vehicle
False Report to Police
Financial Card Fraud
Furnishing False Information to Officer
Harassing Phone Calls
Injury to Personal Property, $200 or Less
Marine/Wildlife Violations, Second/Subsequent Offense
Possession of Schedule V Controlled Substance
Reckless Driving to Endanger
Shoplifting Concealment of Merchandise, Second Offense in 3 years
Simple Assault/Assault and Battery/Affray
Standing/Sitting/Lying on Highway
What are the consequences for a Class 2 Misdemeanor?The consequences for a Class 2 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 not be sentenced to jail, but 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 60 days in jail at the judge’s discretion, or may be sentenced to probation, community service or simply asked to pay a fine.
Contact The Law Offices of Wiley Nickel, PLLCAn 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.