All North Carolina Misdemeanors are assigned one of 4 class levels: 1A, 1, 2, or 3. Class 1A is the most serious misdemeanor crime in North Carolina where a class 3 is the least severe. Additionally, when determining the sentence of a Defendant convicted of a misdemeanor, the Judge will consider the Defendant’s prior record. The prior record will determine whether the Defendant is a level 1, level 2, or level 3. Level 1 is for those with no prior convictions and is the least serious. A level 2 is for Defendants with 1 to 4 prior convictions, and level 3 is for five or more prior convictions.
Once a Defendant is convicted of a North Carolina Misdemeanor Crime, they face the sentencing phase of their case. During sentencing hearing, the District Attorney will present the evidence in the case as well as any aggravating (bad) factors about the case the DA feels is important. Additionally, the DA will give the Judge the sentencing level of the crime(s) in question as well as the Defendant’s prior criminal record. These two factors are used by the Judge to determine what range to sentence the Defendant. Additionally, the Defendant’s Wake County Criminal Defense Attorneys or Durham County Criminal Defense Attorneys will be permitted to present mitigating (good) facts in order to try and persuade the judge to sentence the Defendant in the lower area of the sentencing range.
In order to determine what sentence your North Carolina Misdemeanor Charge can carry, speak with North Carolina Criminal Lawyer M. Moseley Matheson regarding your case, call him anytime at 919-335-5291 for your FREE CONSULTATION! He is prepared to assist you with your Durham Misdemeanor Charge, Raleigh Misdemeanor Charge, Holly Springs Misdemeanor Charge or a North Carolina Misdemeanor Charge from anywhere in the greater triangle area.LINKS:
- North Carolina Criminal Defense
- North Carolina Misdemeanor Crimes
- North Carolina Misdemeanor Crimes | What to Expect?
- North Carolina Misdemeanor Crimes | Common Charges
- North Carolina Misdemeanor Crimes | Sentencing
- North Carolina Felony Crimes