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What Is the Difference Between a Misdemeanor and Felony?

In the state of North Carolina, there is a big difference between a misdemeanor and a felony. A misdemeanor is a less serious crime than a felony but still requires jail time, a smaller fine, or sometimes even temporary restrictions or punishment. A felony is a very serious crime that typically has long jail or prison times, costly fines, and a loss of a lot of freedom.

What is a Misdemeanor?

A misdemeanor is a less serious offense that carries potential jail time of up to a year. While jail time is still possible, typically misdemeanors are punished with fines and possible community service. In North Carolina, there are 4 different classes for the conviction of a misdemeanor that decides the amount of time or punishment an individual will do.

Classes

Class A1: This requires 1 to 150 days of jail time, community punishment, and/or a fine. This is the most serious class of misdemeanors. Fine is decided by the judge as appropriate. Includes: assault with a deadly weapon, child abuse, violation of restraining order, and assault causing serious injury.

Class 1: This requires 1 to 120 days of active, intermediate, or community punishment. Fine is decided by the judge as appropriate. Includes: larceny, prostitution, breaking and entering, and drug paraphernalia.

Class 2: This requires 1 to 60 days of active, intermediate, or community punishment. Maximum fine of up to $1,000. Includes: carrying a gun without a permit, simple assault, reckless driving, and leaving the scene of an accident.

Class 3: This requires 1 to 20 days of active, intermediate, or community punishment. This is the least serious class of misdemeanors. Maximum fine of up to $200. Includes: shoplifting, possession of marijuana (less than 0.02oz), speeding, and second-degree trespassing.

For more information on offenses and what misdemeanor class they are considered under NC Courts, click here.

Types of Punishments

Active Punishments: Full jail sentences.

Intermediate Punishments: House arrest, close monitoring, drug treatment, and shorter jail time.

Community Punishments: Fines, community service, probation.

Prior Convictions

Once an individual is convicted of a misdemeanor, they are placed into one of three levels based on their previous convictions. This level is used in court by a judge to help decide an individual’s sentence.

Level I: No prior convictions

Level II: One to four prior convictions

Level III: Five or more prior convictions

What is a Felony?

A felony is a very serious type of crime. In North Carolina, felonies are divided up into 10 different classes. All felony convictions have the great possibility of jail or prison time. Similar to a misdemeanor, a judge will take previous convictions into account when deciding a sentence.

Classes

Class A: Death or life without parole. Includes: first-degree murder, use of a weapon with mass destruction

Class B1: 144 Months or death or life without parole. Includes: first-degree rape, first-degree sexual offense

Class B2: 94 to 393 months of active, intermediate, or community punishment. Includes: second-degree murder

Class C: 44 to 182 months of active, intermediate, or community punishment. Includes: second-degree forcible rape, first-degree kidnapping, embezzlement ($100,000 or more)

Class D: 38 to 160 months of active, intermediate, or community punishment. Includes: voluntary manslaughter, first-degree arson, armed robbery, death by vehicle

Class E: 15 to 63 months of active, intermediate, or community punishment. Includes: second-degree kidnapping, discharging a weapon into occupied property, assault with a firearm on law enforcement

Class F: 10 to 41 months of active, intermediate, or community punishment. Includes: involuntary manslaughter, assault inflicting serious injury, felonious restraint

Class G: 8 to 31 months of active, intermediate, or community punishment. Includes: identity theft, second-degree burglary, second-degree arson, common law robbery

Class H: 4 to 25 months of active, intermediate, or community punishment. Includes: assault by strangulation, breaking and entering with felonious intent, hit and run (with injury), embezzlement (less than $100,000)

Class I: 3 to 12 months of active, intermediate, or community punishment. Includes: breaking or entering of motor vehicles, forging of notes and checks, financial card theft, possession of cocaine

For more information on more offenses and what felony classification a crime is considered under NC Courts, click here.

Felony Sentencing

In order for a judge to decide a sentence, an individual previous conviction history is taken into account and turned “points” to access their case.

Class A: 10 points

Class B1: 9 points

Class B2, C, and D: 6 points

Class E, F, and G: 4 points

Class H and I: 2 points

Any misdemeanor: 1 point

After looking at an individual’s previous history, the points can be added and then be converted over to a certain level:

Level I: 0 to 1 points

Level II: 2 to 5 points

Level III: 6 to 9 points

Level IV: 10 to 13 points

Level V: 14 to 17 points

Level VI: 18 or more points

An individual will be sentenced using the level and point system above. A felony punishment chart along with offenses can be found here.

Contact Us

In the state of North Carolina, misdemeanor and felony laws come along with very strict penalties. In order to avoid or lessen a conviction, it is important to work with an experienced criminal defense attorney on your case. Please do not hesitate to reach out to Schehr Law PLLC, so we are able to build a strong defense for your case.