Courts in North Carolina
Contents
In North Carolina, criminal offenses are classified as misdemeanors or felonies. It is up to the court to decide whether a crime is a misdemeanor or a felony. Some traffic offenses are misdemeanors, while more serious traffic offenses, such as those involving the injury or death of another driver, are felonies.
Simple assault, trespassing, bad checks, marijuana possession, and illegally carrying a concealed weapon are all common misdemeanors. Misdemeanor charges are typically handled by the criminal district court. Those charged with misdemeanors have only two options: plead not guilty and have their case heard by a district court judge, or plead guilty and have their case heard in front of a jury. Pleading guilty can often reduce a charge more than pleading not guilty and being found guilty by the court.
Misdemeanor Levels in North Carolina
Misdemeanors in North Carolina are classified into four categories based on the gravity of the crime or crimes. Class 1A misdemeanors, Class 1 misdemeanors, Class 2 misdemeanors, and Class 3 misdemeanors are among them. Class 1A misdemeanors carry the most severe punishments, while Class 3 misdemeanors carry the least severe punishments.
The punishments in these classes are based on a calculated value based on the accused’s prior record. The higher the conviction class, the harsher the punishment and the more points received. The greater the number of offenses, the harsher the punishment and the more points awarded. The system is almost entirely based on the accused’s number of points and prior records.
If a person has no prior criminal convictions and pleads guilty to a Class 3 Misdemeanor crime, he or she will most likely receive probation rather than a fine or a jail sentence under this system.
Criminal Defense Lawyers
Because the North Carolina criminal justice system is somewhat complicated, it is best to consult with a criminal defense attorney. He or she will be able to determine which misdemeanor is being charged, what punishments may be imposed, what is the best defense to use, and whether to plead guilty or not guilty.
North Carolina (NC) Expungement of Misdemeanors
Because the majority of training programs, licensing agencies, and employment services conduct criminal background checks on prospective participants, many choose to apply for misdemeanor expungement. The record of an arrest or a proposed conviction is expunged. This enables a person to legally state that he or she was never arrested or convicted of a crime.
Eligibility for Misdemeanor Expungement
Only two types of people are eligible for expungement. Anyone under the age of eighteen who was convicted of a misdemeanor will be able to apply for misdemeanor expungement. In the case of a juvenile record, traffic violations do not count toward the cleaning of an offense.
Those who were arrested and charged with a crime but the criminal charges were later dismissed or the individual was found not guilty of the charges are eligible for expungement. Those who have been charged and sentenced for criminal offenses are frequently ineligible for expungement.
