MISDEMEANOR DEFENSE

Steps to Take If Charged with a Misdemeanor

Stay Silent: Do not discuss your case with law enforcement without an attorney.
Understand the Charge: Know the specific offense and potential penalties.
Contact an Attorney: The sooner you seek legal representation, the better your defense will be.
Avoid Discussing the Case: Do not post about it on social media or discuss it with anyone other than your attorney.

Potential Penalties

Jail Time: Typically up to one year in county jail.
Fines: Ranging from a few hundred to several thousand dollars.
Probation: May include regular check-ins, community service, or counseling.
Criminal Record: Can affect employment, housing, and educational opportunities.

Why Fight a Misdemeanor Charge?

Protect Your Freedom: Avoid jail time or reduce sentencing.
Prevent a Criminal Record: A clean record is crucial for future opportunities.
Avoid Financial Penalties: Fines and court costs can be burdensome.
Mitigate Long-Term Consequences: Licenses, jobs, or educational access may be at risk.

How Can an Attorney Help?

Case Evaluation: Review evidence to identify weaknesses in the prosecution's case.
Negotiation: Work to reduce charges, penalties, or secure a plea deal.
Trial Representation: Present a strong defense if your case goes to court.
Alternative Sentencing: Advocate for diversion programs, probation, or community service instead of jail time.

Common Defense Strategies

Lack of Evidence
Self-Defense or Defense of Others
Mistaken Identity
Unlawful Search or Arrest
Consent (in specific cases like trespassing)
Violations of Constitutional Rights

Why Choose Us for Misdemeanor Defense?

Experienced in Negotiating and Litigating Misdemeanor Cases
Personalized Attention to Every Case
Deep Knowledge of Local Laws and Court Systems
Track Record of Successful Outcomes

If you have questions, please call our office at 984-977-8390 or reach out through the Contact Us link to set up a consultation.

Schedule a Consultation

Get started on your legal matter today by scheduling a consultation with Deep River Lawyers. Deep River Lawyers offers flexible appointment times and will work with you to find a time that suits your schedule.

COMMON QUESTIONS ABOUT MISDEMEANOR DEFENSE

What is a misdemeanor in North Carolina?

A misdemeanor is a criminal offense less serious than a felony but still punishable by jail time, fines, and a permanent criminal record.

What are the different classes of misdemeanors?

North Carolina divides misdemeanors into four classes, ranked by severity:

Class A1: Most serious (e.g., assault with serious injury, sexual battery).
Class 1: (e.g., larceny, possession of drug paraphernalia).
Class 2: (e.g., simple assault, resisting arrest).
Class 3: Least severe (e.g., marijuana possession, trespassing).

Can I go to jail for a misdemeanor?

Yes, some misdemeanors carry potential jail time, but penalties often include probation, community service, or fines instead. The severity depends on your criminal record and the offense.

What are the possible penalties for a misdemeanor conviction?

✔ Jail time – Up to 150 days for more serious misdemeanors.
✔ Fines – Can range from hundreds to thousands of dollars.
✔ Probation – Supervised or unsupervised, depending on the case.
✔ Community service & treatment programs – Often required for first-time offenders.

How will a misdemeanor affect my criminal record?

A misdemeanor conviction goes on your permanent record and can:
✔ Show up on background checks for jobs and housing.
✔ Impact professional licenses (especially in healthcare, law enforcement, etc.).
✔ Increase penalties for future offenses.

Can a misdemeanor be expunged from my record?

Yes, certain non-violent misdemeanors may qualify for expungement, depending on:
✔ Your age at the time of the offense.
✔ The type of charge.
✔ Time passed since conviction (5+ years in many cases).

What happens if I don’t show up to court for a misdemeanor charge?

Failing to appear in court can result in:
✔ A bench warrant for your arrest.
✔ License suspension in certain cases.
✔ Additional charges, making your situation worse.

Can a misdemeanor charge be reduced or dismissed?

Yes! A strong legal defense may lead to:
✔ Dismissal – If evidence is weak or law enforcement violated your rights.
✔ Charge Reduction – A Class 1 misdemeanor could be reduced to a Class 3 or even an infraction.
✔ Plea Bargains – Negotiating for probation or community service instead of jail time.

Do I need a lawyer for a misdemeanor charge?

Yes! Even minor misdemeanors can have serious long-term consequences. An experienced defense attorney can:
✔ Protect your rights and fight wrongful charges.
✔ Negotiate with prosecutors to reduce penalties.
✔ Help expunge your record when eligible.

What should I do if I’ve been charged with a misdemeanor?

✔ Stay calm and avoid making statements to the police.
✔ Do NOT plead guilty without legal advice.
✔ Contact a criminal defense attorney immediately.