Raleigh Misdemeanors Attorney
At the Law Firm of Dewey P. Brinkley, we know that even a small mistake can dramatically impact your life. Although a misdemeanor charge may seem minor, a conviction can give you a permanent criminal record, which can inhibit your ability to find a job, obtain housing, hold certain offices, and pursue certain careers, in addition to adding marks to your record that can count against you if you are charged with a crime in the future. For all of these reasons and more, it’s important that you immediately consult an experienced misdemeanor attorney who can fight for your best possible scenario.
What Is A Misdemeanor?
A misdemeanor is a “minor” crime. But keep in mind that it is still a crime, which will necessitate a jury trial and pit you up against a prosecuting attorney who may try to encourage the judge to lay down the maximum sentence.
Misdemeanors include offenses such as simple assault, disorderly conduct, indecent exposure, reckless driving, petty theft, and possessing small amounts of certain illegal drugs, such as marijuana. North Carolina recognizes hundreds of misdemeanors, but our aggressive defense attorney can defend you against any one or a combination of these offenses, starting immediately after your arrest.
Penalties for Misdemeanors
The goal of a misdemeanor attorney is to convince the court of your innocence if you did not commit the crime or to work toward the best possible sentence if you are guilty of the offense. Because courts have a wide sentencing latitude for misdemeanors, your attorney is even more important than in other jurisdictions. Having a good attorney can mean the difference between community service and jail time for many crimes.
The possible penalties for a misdemeanor include “community punishment,” such as community service or probation; “intermediate punishment,” such as house arrest, electronic monitoring, or mandatory commitment to a drug or alcohol treatment facility; or “active punishment,” which is another term for jail time. The court may also issue a fine at its discretion.
The duration of your punishment is determined by the class of misdemeanor you committed and by your number of prior convictions.
Class A1 Misdemeanor (assault on a woman or a child under 12, misdemeanor child abuse, taking indecent liberties with a student, etc.)
- No priors: 1-60 days
- 1-4 priors: 1-75 days
- 5+ priors: 1-150 days
- Fine: Court’s discretion
Class 1 Misdemeanor (forcible trespass, false imprisonment, obstruction of justice, forgery, etc.)
- No priors: 1-45 days
- 1-4 priors: 1-45 days
- 5+ priors: 1-120 days
- Fine: Court’s discretion
Class 2 Misdemeanor (simple assault or battery, repeat offense of concealing merchandise inside the store, willful destruction of personal property, etc.)
- No priors: 1-30 days
- 1-4 priors: 1-45 days
- 5+ priors: 1-60 days
- Fine: Up to $1,000
Class 3 Misdemeanor (second degree trespass, vandalism, public intoxication, etc.)
- No priors: Fine only, unless otherwise provided in the law; otherwise 1-10 days
- 1-3 priors: Fine only, unless otherwise provided in the law; 1-15 days
- 4 priors: 1-15 days
- 5+ priors: 1-20 days
- Fine: Up to $200
Dewey P. Brinkley – Raleigh’s Misdemeanor Attorney
As you can see, having a good attorney can mean the difference between months in jail and a simple fine or community service. If you are innocent, it could mean the difference between a permanent criminal record that can negatively impact the rest of your life or complete justification! So if you’ve been charged with a misdemeanor, don’t wait – call Dewey Brinkley today to talk about your case at (919) 832-0307.