Misdemeanors

North Carolina Misdemeanors: What is a Misdemeanor in North Carolina?

The state of North Carolina categorizes offenses into three main categories: Felonies, Misdemeanors, and Infractions/Ordinance Violations. Infractions and ordinance violations are the least serious while felonies are the most serious. A misdemeanor classification is for less serious crimes, but a conviction of this type is still a criminal conviction and can impact your life negatively…

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What is misdemeanor larceny?

Misdemeanor larceny is a misdemeanor crime in North Carolina where the person has taken property of another with the intent to permanently deprive the other person of its use, and the value of the property is $1,000 or less. Essentially larceny is theft, although there are other types of theft – theft by fraud, for…

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Clogged Courts in Wake County

No one is happy with speed at which Wake County’s criminal justice system processes cases. Judges, particularly in District Court, are frustrated with what seem like endless continuances that mean that even the simplest DWI cases can drag on 8 to 10 months. Prosecutors, who (one has to admit) are woefully underpaid, are frustrated that…

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Can I go to jail for a misdemeanor in North Carolina?

We’ve handled hundreds of misdemeanors and the most common question is, can I go to jail for a misdemeanor? The answer is, as with everything in the law, it depends. First, what is a misdemeanor? A misdemeanor in North Carolina is a low level crime. It is still serious in that a misdemeanor conviction is…

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How much time can I serve for a Raleigh shoplifting charge?

Most people think of shoplifting charges as minor charges. When they’re caught at the Crabtree Valley Mall, or Cary Town Center or one of the local Kohls, Wal-Marts or Targets, they suddenly realize just how terrible these charges can be, not just for their freedom, but also to their future job prospects. An arrest is…

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Trial de Novo and Federal Sentencing in North Carolina

North Carolina, like some states, has a two-tiered criminal system. Lower level cases, including infractions, almost all misdemeanors and most Class H & I felonies – can be resolved in District Court, which is the lower of two levels. If a person wants to have a trial on a misdemeanor or an infraction, that trial…

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North Carolina Misdemeanors and Your Future

Everyone knows that a felony can be a life-changing event, that can result in all kinds of collateral consequences. But too few people take misdemeanors seriously enough. In North Carolina, misdemeanors can have significant consequences. For instance, the first criminal conviction of any sort (whether it’s a misdemeanor or a felony), will have life-altering consequences.…

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Is Running from the Police Unlawful?

What if the officer has no suspicion of criminal activity, but the officer observes a person and tells him to stop. The person takes off running. Has the person committed a crime of Resist, Delay, and Obstruct? In State v. White, officers received a report of loud music in a high crime area: The State’s…

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North Carolina Structured Sentencing is No Longer Structured

Until the mid-1990s, North Carolina had a sentencing system called Fair Sentencing. The major criticisms of Fair Sentencing were that: There was no truth in sentencing. The actual sentence served was usually much lower than the stated sentence at sentencing. There was disparity in how people were treated from place to place, and defendant to…

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Misdemeanor Punishment Statistics

When someone is charged with a crime, his or her first question is, normally, what’s the chance I’ll be convicted and what sentence will I probably get? First, no guarantees can be made about whether or not someone will be convicted, or whether or not they will get this or that punishment. That’s because there…

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