If you’re facing criminal charges in North Carolina, it can result in any number of penalties and other consequences. There are strict state and federal criminal laws that determine the severity of the punishment you might face. A solid defense strategy starts with understanding North Carolina criminal defense laws. You may be wondering: what is the difference between a misdemeanor and a felony in North Carolina?
There isn’t just one answer to this question, and things become even more nuanced depending on the nature of the crime and the accused party’s criminal history. The main difference between a misdemeanor and a felony is the severity of the crime as well as where and how punishment is served. Misdemeanors and felonies may also have different long-term effects on your rights. A North Carolina criminal defense attorney can evaluate your specific case to learn more.
What Is the Difference Between a Misdemeanor and a Felony in North Carolina?
North Carolina’s criminal laws exist to protect citizens at large, but that doesn’t stop crime from happening altogether. Both the violent crime rate and property crime rate across the state are higher than the U.S. average. Every legal situation is different, which can make knowing how to defend yourself against criminal charges all the more difficult.
The crime itself, as well as the unique factors of your case, can impact the level of charges you face. It’s recommended that you hire a felony lawyer or misdemeanor lawyer to represent you and advocate for your rights and freedom throughout your case. A misdemeanor case is typically less serious than a felony case. Even so, they can result in long-lasting consequences. North Carolina divides misdemeanors into four classes:
- Class A1
- Class 1
- Class 2
- Class 3
Your prior criminal record also affects the sentencing range for your case under North Carolina law. It’s imperative that you know how state misdemeanor laws interact with the specific charges against you.
Felony cases are reserved for more serious crimes. There are 10 felony classes under North Carolina law, ranging from A to I. The most serious felonies carry a maximum penalty of life in prison without parole or even death. High-level felonies and mid-level felonies can also carry serious sentences and hefty fines. It may be possible to secure probation for less serious offenses. Even low-level felonies can result in serious consequences.
The more serious the charge, the less likely you are to secure a lighter sentence or alternative sentencing options like community service or probation. North Carolina uses a structured sentencing grid based on the class of the crime and the defendant’s criminal history. It’s recommended that you hire a felony lawyer to help you understand your rights and defense options under North Carolina law.
FAQs
Can I Go to Jail for a Misdemeanor in North Carolina?
Yes, you can go to jail for a misdemeanor in North Carolina. Each class of misdemeanor carries a maximum possible sentence. The more serious the offense, the longer the sentence. Your criminal record also plays a big part in your official sentence. It’s possible to avoid jail time for a misdemeanor. Possible non-active punishments can include:
- Community service
- Fines and restitution
- Intermediate punishment
- Probation
Can I Have a Misdemeanor Expunged From My Record in North Carolina?
Yes, you can have a misdemeanor expunged from your record in North Carolina. To do so, you must meet specific statutory requirements. For starters, dismissed charges can be expunged right away. Non-violent convictions can be expunged after a certain period of time.
If you have multiple charges, you typically must wait longer before you can file the petition. Specific offenses, including crimes of violence, are ineligible for expungement.
Can I Have a Felony Expunged From My Record in North Carolina?
Yes, you can have certain felonies expunged from your record in North Carolina. Typically, only dismissed charges and non-violent felony convictions can be expunged from your record. You also must not have other serious criminal convictions on your record.
The waiting period for felony expungement is longer than that for misdemeanors. Additionally, some offenses don’t qualify for expungement. This includes convictions for assault, sex crimes, and driving while impaired (DWI).
How Can a North Carolina Criminal Defense Attorney Help With My Case?
A North Carolina criminal defense attorney can help with your case in a number of ways. For starters, they can evaluate the charges against you and open up their own investigation into the matter.
Your legal team can help you secure key pieces of evidence and navigate each stage of the criminal defense process. They can also help form your defensive strategy, protect your rights, and advocate for you in and out of the courtroom.
Hire a Lawyer in North Carolina to Discuss Your Defense Strategy in More Detail
Navigating a criminal charge in North Carolina at any level is serious. Misdemeanors and felonies both carry harsh punishments and can have a lasting impact on the offender’s life. The laws for navigating charges at each level are unique. That’s why it’s important that you understand the difference between a misdemeanor and a felony in North Carolina. Fortunately, you don’t have to do everything on your own.
Our attorneys at Parker, Parker, & Pittman bring decades of legal experience and dedicated service to the table. We proudly serve our clients in Lake Norman, Piedmont, and the foothills of North Carolina. We’ve earned the trust of those facing complex charges over the years, securing many 5-star reviews on Google.
Parker, Parker, & Pittman provides that small firm feel while still offering full-service capabilities. We consider ourselves to be counselors of the law as well as defenders of those in need. You can count on us for personalized legal guidance and support through every stage of your case.
If you’re ready to learn more about how we can help with your defense, reach out to the office to set up a consultation with a member of the team today. You can find us in Statesville near the I-40 and I-77 interchange.
