The Difference Between a Felony and Misdemeanor in NC

The primary difference between a felony and a misdemeanor in North Carolina is the penalty ranges the offenses carry.

Felony offenses carry harsher penalties than misdemeanor offenses.

Additionally, an individual can lose certain rights if they receive a felony conviction that remains unaffected by a misdemeanor conviction.

Anyone facing a criminal conviction may want answers to the following:

• What is a felony vs. misdemeanor?;
• Can I lose my rights if I receive a felony conviction?; or
• What penalties am I facing for a criminal charge?

If you have questions about a felony vs. misdemeanor, the NC misdemeanor and felony defense attorneys at the Tetterton Law Firm, PLLC can answer them.

Contact our office online or call (252) 728-1373 today for a free consultation.

What Is the Difference Between a Misdemeanor and a Felony in North Carolina?

The main difference between felonies and misdemeanors is the penalties associated with them. North Carolina outlines four different classes of misdemeanors.

Class 3 is the lowest level of misdemeanor and is punishable by up to 20 days in jail and a fine of up to $1,000.

Class 2 misdemeanors are punishable by up to 60 days in jail and a fine of up to $1,000. Class 1 misdemeanors are punishable by up to 120 days in jail.

Class A1 is the highest level of misdemeanor and is punishable by up to 150 days in jail. The judge has the discretion to impose a fine for Class A1 misdemeanors and Class 1 misdemeanors.

Felony convictions carry harsher penalties than misdemeanors. The most severe felonies are punishable by death.

North Carolina separates felony punishments into ten categories ranging from the least serious (Class I felonies) to the most serious (Class A felonies). The presiding judge is required to use a sentencing grid to impose the appropriate sentence for the accused. 

Sentencing in NC Felony Cases

The grid considers several factors, including the severity of the charged offense, the existence of any prior convictions, and the severity of prior offenses. After consideration of relevant factors, the judge assigns the offense to one of three sentencing ranges: presumptive, mitigated, or aggravated.

Examples of aggravating factors include:

• Inducing others to participate in the commission of the offense;
• Being armed with a deadly weapon during the commission of the crime;
• Victimizing someone who is very young, very old, or handicapped; and
• Causing serious injury that is permanent and debilitating to the victim.

Examples of mitigating factors include:

• Committing the offense under duress that reduces the defendant’s culpability,
• Playing a minor role in the commission of the offense,
• Suffering from a mental or physical condition at the time of the offense,
• Making substantial or full restitution to the victim,
• Having a good reputation within their community, or
• Accepting responsibility for their criminal conduct.

Once the sentencing range is determined, the grid identifies a minimum and maximum sentence based on:

• A prior record level (I to VI) based on the defendant’s prior offenses, and
• The felony classification (A to I) for the current offense.

The grid also indicates whether the accused will serve their punishment as active prison time, supervised probation, or probation. A qualified criminal defense attorney can review the circumstances of your charge to determine the penalties you are facing. 

Is a Felony Worse Than a Misdemeanor?

Yes, a felony is worse than a misdemeanor.

Not only do felonies carry harsher criminal penalties, they can also affect some of your rights such as:

• Voting in elections, until you complete your prison sentence and post-release requirements;
• Owning or possessing a firearm;
• Holding public office; or
• Serving on a jury.

If a legal defense applies to your case, it can help an attorney negotiate with the prosecutor to reduce your charge from a felony to a misdemeanor.

Contact Our Misdemeanor and Felony Defense Attorneys in North Carolina

Our team at Tetterton Law Firm, PLLC, focuses exclusively on criminal and traffic law cases in North Carolina. We work diligently on behalf of our clients to build a strategy that bolsters the weaknesses in the state’s case.

Our attorneys will tailor your defense strategy to the details of your case and fight tirelessly to protect your rights.

Call (252) 728-1373 or send us an online message today to schedule your free initial consultation.