Greensboro Misdemeanor Lawyer

Greensboro Misdemeanor Attorney

While a misdemeanor charge may not be as serious as a felony charge, it is still a serious situation that could irreparably impact your future for the worse. A conviction on a misdemeanor charge still goes on your criminal record and could even land you some lengthy jail time, among other penalties. If you are ever arrested and charged with a misdemeanor offense, it is important that you take the proper steps to protect yourself by hiring a Greensboro misdemeanor lawyer.

Misdemeanor Charges in North Carolina

Facing a misdemeanor charge is still something to be concerned about. Misdemeanors are lesser offenses, at least when compared to felonies. Regardless of how lesser they may be thought of, penalties can still include jail time, probation, fines, and a criminal record that could impact your social and professional lives. It is important to understand and recognize the different levels of misdemeanor charges so you are fully aware of the consequences that may await you:

• Class 3 misdemeanors. These are considered the least serious of misdemeanor charges. The maximum penalty is 20 days in jail and a fine of up to $200. If you have no prior convictions, you may only have to pay the fine and will  avoid jail time. Examples of a Class 3 misdemeanor are:
  • Simple possession of marijuana, up to ½ oz.
  • Second-degree trespassing.
  • Driving without a license.
  • Public drunkenness.
  • Shoplifting.
• Class 2 misdemeanors. These misdemeanors are considered a step up from Class 3 but are still on the lighter side when it comes to penalties. The maximum penalty for a Class 2 misdemeanor is 60 days in jail and a fine of up to $1,000. Examples of a Class 2 misdemeanor in North Carolina are:
  • Simple assault.
  • Resisting arrest.
  • Carrying a concealed weapon without a permit.
  • Boating while intoxicated.
  • Reckless driving.
  • Disorderly conduct.
• Class 1 misdemeanors. Class 1 misdemeanors are considerably more serious, and the penalties reflect that seriousness. The maximum penalty for a Class 1 misdemeanor is 120 days in jail and a fine to be decided at the discretion of a judge. Examples of a Class 1 misdemeanor are:
  • Possession of drug paraphernalia.
  • Driving with a revoked license due to a DWI conviction.
• • Solicitation of prostitution
  • Hit and run with property damage.
  • Breaking and entering.
  • Forcible trespass.
  • Cyberbullying.
  • Making threats against someone.
• Class A1 misdemeanors. The most serious class of misdemeanor is Class A1. These charges are considerably serious and could easily be upgraded to a felony charge in certain extreme situations. The maximum penalty for a Class A1 misdemeanor is 150 days in jail and a fine to be decided at the discretion of a judge. Examples of a Class A1 misdemeanor in North Carolina are:
  • Assault with a deadly weapon.
  • Assault on a female, child, or disabled person.
  • Child abuse.
  • Sexual battery.
  • Violating a restraining order.
  • Assault on a government employee.
  • Assault inflicting serious injury.

An experienced criminal defense lawyer can help you figure out a viable defense in the event that you are charged with a misdemeanor offense on any level. It is important to be honest with your lawyer and never to surprise them. Your lawyer can’t help you if they don’t have all the facts.

FAQs

Do First-Time Misdemeanor Offenders Go to Jail?

It depends. First-time misdemeanor offenders certainly could go to jail in North Carolina, depending on the severity of their case and how much evidence is against them. The state’s structured sentencing system tends to provide lesser sentences to first-time offenders, but that is not a guarantee that they will not receive any jail time. You could easily get community service or probation instead if the judge rules it.

How Long Does a Misdemeanor Stay on Your Record?

A misdemeanor conviction stays on your criminal record in North Carolina for good and is also part of the public record unless you file a request to have it expunged. For a single nonviolent misdemeanor conviction, the waiting period for expungement is five years.

If you have multiple convictions, the waiting period is seven years. The waiting period doesn’t begin until you have completed your sentence and any probation. Some misdemeanors may not qualify for expungement.

Can a Misdemeanor Charge Be Dismissed?

Yes, it is possible for a misdemeanor charge in Greensboro, North Carolina to be dismissed, but only if you and your case meet certain criteria. If you do not have any prior convictions and nobody was harmed as a result of your crime, it may be easier to have the charges dismissed. You may be eligible for the state’s conditional discharge program, which allows first-time offenders to complete community service programs in exchange for a dismissal of their charges.

Will a Misdemeanor Conviction Hurt My Job Opportunities?

Yes, a misdemeanor conviction has the potential to impact your job opportunities for the worse. Depending on the nature of the offense and the circumstances surrounding your case, it may be difficult for prospective employers to overlook your criminal record. Some employers may be willing to give you a chance, while others may refuse you depending on the nature of your background check results.

Reach Out to a Criminal Defense Lawyer Today

You may be under the assumption that a misdemeanor charge is not all that serious because it isn’t a felony. It’s important to remember that a misdemeanor charge is still a criminal charge and will  go on your record if convicted. That record could then severely impact your future, limiting your job opportunities, making it harder to rent or buy a home, and hurting your social reputation. You should still try and fight the charges against you with the help of a lawyer.

LAWSMITH, The Law Offices of J. Scott Smith, PLLC, knows how to help you in these trying times. We can help you develop your case, gather the evidence that supports your claim, and represent your interests throughout the case. Contact us to speak with a valued team member and schedule a consultation.