In North Carolina, crimes are classified as felonies or misdemeanors depending on their seriousness. Misdemeanors are less serious offenses than felonies.

Misdemeanors by Class
Misdemeanor offenses in North Carolina are categorized into four categories, with Class A1 being the most serious and Class 3 being the least serious. The maximum penalties and instances of crimes for each class are listed below.

Class A1
Examples of Class A1 misdemeanors include:
•child abuse
•sexual battery
•stalking
Class A1 misdemeanors carry a maximum sentence of 150 days in jail and a fine in an amount determined by the court.

Class 1
Examples of Class 1 misdemeanors include:
•petty larceny
•domestic criminal trespass
•cyberbullying
Class 1 misdemeanors carry a maximum sentence of 120 days in jail and a fine in an amount determined by the court.

Class 2
Examples of Class 2 misdemeanors include:
•disorderly conduct
•reckless driving
•simple assault
Class 2 misdemeanors carry a maximum sentence of 60 days in jail and a maximum fine of $1,000.

Class 3
Examples of Class 3 misdemeanors include:
•public intoxication
•open container violation
•possession of a small amount of marijuana
Class 3 misdemeanors carry up to 20 days in jail and a maximum fine of $200.

Misdemeanor Class Enhancements
Enhanced charges may be brought against a defendant who engages in a misdemeanor hate, bias, or gang crime. Depending on the enhancement, prosecutors can charge these offenses at a class which is one or two higher. A Class 2 misdemeanor that involves criminal gang activities, for example, is upgraded to a Class 1 misdemeanor. The enhancement can occasionally lead to felony charges.

Prior Conviction Levels and the Grid System
Misdemeanor sentencing in North Carolina is done using a grid system. Each misdemeanor class is divided into three different sentencing ranges corresponding to the defendant’s criminal history. The severity of the potential term and type of punishment will increase with the number of past convictions a person has.

Depending on how many prior convictions are disclosed, a defendant will fit into one of these three categories:
Level I: no previous convictions
Level II: one to four previous convictions, or
Level III: five or more previous convictions.

Punishment Types in North Carolina
Active, intermediate, and community (A/I/C) punishments are the three categories of punishment that North Carolina law provides. A judge can order a defendant to serve their sentence in jail, on probation, or in the community depending on the type of punishment.

1. Active punishment refers to jail time and is the most serious punishment available.
2. Intermediate punishment options include supervised or special probation, participation in an accountability-and-recovery court, and any of the conditions permitted for community punishment.
3. Intermediate punishment options include supervised or special probation, participation in an accountability-and-recovery court, and any of the conditions permitted for community punishment.

The grid permits a sentencing range and penalty type mentioned above for all offences except Class 3.
A Class 3 misdemeanor conviction with a Level I or II prior conviction carries a fine-only punishment.

Statutes of Limitations for Misdemeanors in North Carolina
The window of time during which the state must file a criminal complaint is known as a statute of limitations. The statute of limitations clock begins running when the crime occurs. In North Carolina, most misdemeanors have two-year statutes of limitations. If the prosecutor files charges after the limitations period expires, the defendant can ask the court to dismiss the charges. (N.C. Gen. Stat. § 15-1 (2022).)

It’s always important to see a local criminal defense attorney if you’re ever under investigation for or charged with a crime, regardless of how much jail time you might serve. Depending on the judge and prosecutor assigned to your case, the law, and the specifics of your case, an experienced attorney will be able to advise you on how your case will likely be treated in court. The best way to protect your legal rights is to speak with a lawyer as soon as possible.