While less serious than a felony charge, a conviction on a Class I misdemeanor can have severe consequences, including jail time, community service, supervision programs, fines, and the stigma of a conviction on one’s criminal record. If you’re facing a Class I misdemeanor charge, talk to an experienced criminal defense attorney about the potential outcomes in your case and your legal options for pursuing a defense to your charges.
Definition of a Class 1 Misdemeanor
In North Carolina, Class 1 misdemeanors represent the second-most serious tier of misdemeanor offenses. Misdemeanors refer to less serious criminal offenses whose penalties include jail sentences of less than a year, other non-jail supervision, and fines.
Examples of Class 1 Misdemeanors Under North Carolina Law
Class 1 misdemeanor offenses include some of the more serious misdemeanor offenses under North Carolina law. Examples of criminal offenses graded as a Class 1 misdemeanor in North Carolina include:
- Criminal trespass
- Petty larceny
- Cyberbullying
- Possession of stolen property
- Breaking and entering
- Solicitation of prostitution
- Possession of drug paraphernalia
- Communicating threats
- Driving with a license revoked due to a DWI conviction
- Forcible trespass
- Trespassing on public property
- Damaging personal property
Penalties for Class 1 Misdemeanor Convictions
A conviction for a Class I misdemeanor offense carries a penalty of up to 120 days in jail. Furthermore, North Carolina law leaves the amount of the fine imposed for a Class 1 misdemeanor conviction to the trial court’s discretion. North Carolina uses a grid system to determine the sentence for a defendant convicted of a misdemeanor offense. A defendant will fall into one of three sentencing ranges based on their criminal history:
- Level I: No prior convictions
- Level II: One to four prior convictions
- Level III: Five or more prior convictions
A trial court can impose three types of punishments for a defendant convicted of a Class 1 misdemeanor offense:
- Active punishment: An “active punishment” sentence requires the defendant to serve jail time
- Intermediate punishment: This allows the trial court to impose various punishments, such as supervision, special probation, or participation in accountability-and-recovery court
- Community punishment: The least severe available form of punishment may take the form of house arrest, brief jail visits, community service, education/vocational program requirements, or substance abuse treatment
For a Level I defendant, a Class 1 misdemeanor offense carries a sentence of one to 45 days of community punishment. A Level II defendant may face a sentence of one to 45 days of community, intermediate, or active punishment. A Level III defendant can face a sentence of one to 120 days of community, intermediate, or active punishment.
Contact a Criminal Defense Lawyer Today
If you’ve been charged with a Class 1 misdemeanor in North Carolina, get the legal help you need to face the criminal justice system and protect your rights and interests throughout. Contact Greenwood Law today to speak with founding attorney Dylan W. Greenwood about your legal options for resolving misdemeanor charges.