What Are Common Misdemeanors And Felonies In North Carolina?

Common Misdemeanors by Class

North Carolina classifies misdemeanors into four classes. The circumstances and severity of the crime determine the class. Below are the four classes of misdemeanors in North Carolina and the most common types of misdemeanors committed within each class.

Class 3 Misdemeanor – This is the least serious of the four classes of misdemeanors. The maximum punishment for a conviction of a Class 3 Misdemeanor is twenty days in jail and a $200 fine.

Common Class 3 misdemeanor examples include:

• Shoplifting/Concealment of Merchandise

• Simple Possession of Marijuana (less than 1/2 ounce)

• Possession of Marijuana Paraphernalia

• 2nd Degree Trespassing

• City and county ordinance violations

Class 2 Misdemeanor – If you are convicted of a Class 2 misdemeanor you face a maximum of 60 days in jail and a $1,000 fine.

Common Class 2 misdemeanor examples include:

• Carrying a Concealed Weapon

• Disorderly Conduct or Intoxicated & Disruptive Behavior

• Resisting/Obstructing/Delaying a Law Enforcement Officer

• Reckless Driving

• Simple Assault

• Mutual Affray

Class 1 Misdemeanor – Class 1 misdemeanors carry a maximum penalty of 120 days in jail. There is no maximum fine, it is in the discretion of the court.

Common Class 1 misdemeanor examples include:

• Misdemeanor Larceny and Possession of Stolen Property

• Misdemeanor Breaking or Entering

• Solicitation of Prostitution

• Passing a Stopped School Bus

• Communicating a Threat

• Hit & Run with Property Damage

• Possession of a Schedule II-VI Controlled Substance

• Possession of Drug Paraphernalia

Class A1 Misdemeanor – These are the most serious misdemeanor offenses. The maximum jail time for a conviction of a Class A1 misdemeanor is 150 days. The fine is up to the discretion of the judge. Common offenses classified as a Class 1A misdemeanor include:

• Assault on a Female, on a Child, or on a Handicapped Person

• Assault Inflicting Serious Injury

• Misdemeanor Child Abuse

• Sexual Battery

• Violation of a Domestic Violence Protective Order

• Misdemeanor Death by Motor Vehicle

Common Felonies by Class

North Carolina has divided felony charges into 10 classes. Below are the felony classes in North Carolina from the least serious class to the most serious class and the most common types of felonies committed within each class.

Lower Level Felonies

Class I Felony – A Class I felony is punishable by up to 24 months in prison.

Common examples of Class I felonies include:

• Possession of a Schedule I Controlled Substance

• Possession with Intent to Sell or Deliver a Schedule III-VI Controlled Substance

• Breaking or Entering into a Motor Vehicle

• Forgery or Uttering a Forged Document

Class H Felony – Class H felonies are punishable by up to 39 months in prison.

Common examples of Class H felonies include:

• Felony Larceny and Possession of Stolen Property

• Cruelty to Animals

• Obtaining Property by False Pretense

• Breaking or Entering into a Building

• Embezzlement or Larceny by Employee

• Possession with Intent to Sell or Deliver a Schedule I or II Controlled Substance

• Sale of a Schedule III, IV, V or VI Controlled Substance

Class G Felony – Class G felonies are punishable by a maximum of 47 months in prison.

Common examples of Class G felonies include:

• Common Law Robbery

• Possession of a Firearm by a Convicted Felon

• Identity Theft

• Second Degree Burglary

• Sale of a Schedule I or II Controlled Substance

Mid-Level Felonies

Class F Felony – Class F felonies can result in a maximum of 59 months in prison.

Common examples of Class F felonies include:

• Assault Inflicting Serious Bodily Injury

• Failure to Register as a Convicted Sex Offender

• Habitual Impaired Driving

• Indecent Liberties with Children

• Involuntary Manslaughter

Class E Felony – Class E felonies are punishable by 136 months in prison.

Common examples of Class E felonies include:

• Assault with a Deadly Weapon Inflicting Serious Injury or with Intent to Kill

• 2nd Degree Kidnapping

• Discharging a Weapon into Occupied Property

Class D Felony – A Class D felony conviction carries the potential for 252 months in prison.

Common examples of Class D felonies include:

• Armed Robbery

• First Degree Burglary

• Voluntary Manslaughter

Class C Felony – Class C felonies can be punished by up to 279 months in prison.

Common examples of Class C felonies include:

• Assault with a Deadly Weapon with Intent to Kill Inflicting Serious Injury

• 1st Degree Kidnapping

• Manufacture of Methamphetamine

• 2nd Degree Rape

High Level Felonies

Class B2 Felony – A person convicted of a B2 felony could receive up to 532 months in prison.

Common examples of Class B2 felonies include:

• Child Abuse Involving Serious Bodily Injury

• Attempted 1st Degree Murder

Class B1 Felony – The maximum for a B1 felony is life without parole.

Common examples of Class B1 felonies include:

• 1st Degree Rape

• 2nd Degree Murder

Class A Felony – The only common example of a Class A felony is 1st Degree Murder, which carries the death penalty or life without parole. A Class A felony charge is the most serious felony charge you can face.

Note that certain crimes such as drug trafficking and DWI have their own special systems for determining punishments. DWI is the only crime in North Carolina that is not given a classification (it is a general misdemeanor), and has a maximum punishment of 36 months in prison. Drug trafficking crimes are classified depending on the particular drug and the amount involved and can be subject to up to 282 months in prison.

You Need a Criminal Defense Lawyer

Being charged with a crime is not the same as being convicted. Punishments are based on the crime of which you are convicted, not what you were accused of at the beginning. Even if you think you are guilty, you may have several defenses, and there are multiple options for handling any sort of criminal case. Contact a criminal defense lawyer immediately if arrested. Please do not make a statement to the police until you have consulted with a lawyer. You have the right to an attorney and the right to remain silent, we recommend you use both!

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The criminal defense lawyer of The Trevor J. Avery Law Firm represents clients throughout Duplin County, Onslow County and the surrounding communities. Call our office at (910) 405-8459 or contact us online today for a free case evaluation.