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Misdemeanors come in all shapes and sizes, from low level drug “crimes” that carry light punishments to sexual battery, which carries a maximum punishment of 150 days in jail plus 10 years as a registered sex offender. Hire a lawyer with experience navigating these issues.
Many charges are eligible for a deferred prosecution or conditional discharge, which allow you to keep your record clean in exchange for meeting conditions such as community service and/or paying a fine.
Common Types of Misdemeanors
- Larceny and Injury to Property
- Assaults and Domestic Violence
- Sexual battery
- Resist, Delay, Obstruct an Officer, and
- Drug “crimes”
What Is the Court Process Like?
Misdemeanors begin in District Court. Your lawyer will collect and analyze the discovery (police reports, witness statements, etc.) in your case and advise you on your best course of action (trial, conditional discharge, etc.). Only you can decide how to plead in your case.
If you elect to have a trial (often your best option), you will have a bench trial (there are no jury trials in criminal District Court). If you win then your case is closed. If you lose the bench trial you can appeal and have a jury trial.
Status of Marijuana Laws
North Carolina leads the way in bone-headed marijuana laws. Simple possession of less than 1/2 ounce of marijuana is a class 3 misdemeanor. However, now that smokable hemp is legal in our state officers are unable to tell the difference between legal hemp and illegal marijuana. DO NOT ADMIT that what you have is marijuana, just be polite and stay quiet.
I have litigated almost every misdemeanor charge on the books, from Second Degree Trespass to Sexual Battery. Put my knowledge and experience to work for you.