What’s the difference between stealing a shirt and assaulting someone with a firearm? Under North Carolina law, the answer could mean the difference between a short jail stay and years behind bars.
If you’ve been charged with a crime, one of the first and most important distinctions you need to understand is whether your charge is classified as a misdemeanor or a felony. This difference can have a major impact on your life, affecting everything from jail time to job opportunities, housing applications, and even your reputation in the community.
In this post, we’ll break down the key differences in the misdemeanor versus felony classification system, explain the penalties involved, and walk you through what to do if you’re facing criminal charges in North Carolina.
What’s the Difference Between a Misdemeanor and a Felony in NC?
The main difference between a misdemeanor and a felony in North Carolina comes down to the seriousness of the offense and the severity of the punishment.
In short, misdemeanors are less serious crimes that carry lighter penalties, while felonies involve more serious conduct and come with harsher consequences, including longer prison sentences.
Under North Carolina law, a misdemeanor conviction can result in up to 150 days in jail. Felony convictions, on the other hand, can lead to months or years in prison, and in some cases, even the death penalty (even though it’s under a de facto moratorium in North Carolina since 2006).
In addition to incarceration, felony charges can also carry long-term consequences such as losing the right to vote or possess a firearm, difficulties finding employment, and a permanent criminal record.
That’s why the distinction between misdemeanor versus felony charges is not just about time behind bars. It can shape the entire course of your future, from sentencing to public perception.
Classes of Misdemeanors in North Carolina
Under North Carolina law, misdemeanor offenses are divided into four classes, increasing in levels of severity they are Class 3, Class 2, Class 1, and Class A1. Each class carries different penalties depending on the severity of the offense and a person’s prior criminal history.
Here’s a breakdown of each class:
- Class 3 Misdemeanor: This is the least serious misdemeanor level. Examples include simple possession of marijuana (less than half an ounce) or concealment of merchandise (shoplifting).
Maximum penalty: 20 days in jail and a $200 fine (in most cases). - Class 2 Misdemeanor: Slightly more serious than Class 3. Common charges include simple assault and indecent exposure.
Maximum penalty: 60 days in jail and a $1,000 fine. - Class 1 Misdemeanor: These offenses include larceny under $1,000 and driving with a revoked license.
Maximum penalty: 120 days in jail. Fines are set at the judge’s discretion. - Class A1 Misdemeanor: The most serious type of misdemeanor. Charges like sexual battery and assault with a deadly weapon fall into this category.
Maximum penalty: 150 days in jail and discretionary fines.
While misdemeanors are less serious than felonies, they can still carry lasting consequences. A conviction, even for a lower-level offense, could affect your job, housing, or immigration status. Some even require registering as a sex offender.
Felony Charges in North Carolina: Classes and Examples
Felony offenses in North Carolina are divided into ten classes, ranging from Class A to Class I. The lower the letter, the more serious the crime, and the harsher the potential punishment. Under North Carolina law, a felony conviction can result in months, years, or even life in prison, depending on the offense and the person’s prior record.
Below is a general overview of felony classes and examples:
- Class A Felony: This is the most serious level of felony. The only class A is first-degree murder.
Penalty: Life without parole or even the death penalty. - Class B1 and B2 Felonies: These classes include violent crimes such as rape or second-degree murder, particularly when resulting in serious harm.
Penalty: Lengthy prison terms, often spanning many years. - Class C through Class I Felonies: These cover a wide range of offenses, including:
- Class C: certain drug trafficking offenses, kidnapping, high-level embezzlement
- Class D: Armed robbery
- Class E: Assault with a deadly weapon with intent to kill
- Class F: Indecent liberties with a child, involuntary manslaughter
- Class G: Common law robbery or identity theft
- Class H: Assault by strangulation, possession of child pornography, obtaining property by false pretenses
- Class I: Possession of certain controlled substances or breaking and entering of a motor vehicle
Each class has a range of sentencing options based on the person’s prior convictions, known as Prior Record Levels. Unlike misdemeanors, felonies can lead to long-term incarceration, probation, or fines.
Whether someone is facing a misdemeanor or felony charge, understanding the classification and legal consequences under North Carolina law is essential for building an effective defense.
What to Do If You’re Charged With a Crime in NC
Being charged with a crime under North Carolina law, whether it’s a misdemeanor or a felony, can feel overwhelming. But what you do in the days or even hours after an arrest can make a major difference in how your case unfolds.
Here are the key steps you should take to protect your rights:
- Stay calm and remain silent: You have the right to remain silent. Use it. Anything you say can be used against you, even if you think you’re helping yourself.
- Ask for a lawyer immediately: Don’t try to explain or justify your actions to police. Request an attorney and wait until you’ve spoken with one before answering questions.
- Document everything you remember: As soon as possible, write down the details of your arrest: where it happened, what was said, who was involved, and the names or badge numbers of officers.
- Make a list of potential witnesses: If anyone saw what happened or can speak to your character or actions, your attorney may want to contact them.
- Avoid talking about your case: Don’t share details with friends, family, or on social media. These conversations could be used in court.
- Follow your attorney’s instructions: Let your lawyer handle all communication with law enforcement or prosecutors. Follow their guidance on the next legal steps.
- Show up and participate fully: Attend all hearings if required, stay engaged in your case, and help your attorney build a strong defense. Your involvement matters.
Facing any charge can have long-lasting effects. Taking the right steps early can help protect your future and improve your chances of a better outcome in court.
Take the Right Step After a Misdemeanor or Felony Charge
Understanding the difference between a misdemeanor and a felony under North Carolina law isn’t just about knowing legal terms. It’s about knowing what’s at stake. Even a minor charge can carry serious consequences, and a felony conviction can follow you for the rest of your life.
Whether you’re dealing with a misdemeanor versus a felony charge, the outcome of your case could affect your freedom, your future job opportunities, and your reputation. That’s why it’s so important to speak with a skilled defense attorney who understands how to navigate the criminal justice system in North Carolina.
If you’re facing any kind of charges, don’t wait. Call Kurtz & Blum today to speak with an experienced Raleigh criminal defense attorney who will fight for your rights and help you understand every option available.
