North Carolina General Statutes 15A-1340.23. Punishment limits for each class of offense and prior conviction level
(a) Offense Classification; Default Classifications. – The offense classification is as specified in the offense for which the sentence is being imposed. If the offense is a misdemeanor for which there is no classification, it is as classified in N.C. Gen. Stat. § 14-3
(b) Fines. – Any judgment that includes a sentence of imprisonment may also include a fine. Additionally, when the defendant is other than an individual, the judgment may consist of a fine only. If a community punishment is authorized, the judgment may consist of a fine only. Unless otherwise provided for a specific offense, the maximum fine that may be imposed is two hundred dollars ($200.00) for a Class 3 misdemeanor and one thousand dollars ($1,000) for a Class 2 misdemeanor. The amount of the fine for a Class 1 misdemeanor and a Class A1 misdemeanor is in the discretion of the court.
(c) Punishment for Each Class of Offense and Prior Conviction Level; Punishment Chart Described. – Unless otherwise provided for a specific offense, the authorized punishment for each class of offense and prior conviction level is as specified in the chart below. Prior conviction levels are indicated by the Roman numerals placed horizontally on the top of the chart. Classes of offenses are indicated by the Arabic numbers placed vertically on the left side of the chart. Each grid on the chart contains the following components:
(1) A sentence disposition or dispositions: “C” indicates that a community punishment is authorized; “I” indicates that an intermediate punishment is authorized; and “A” indicates that an active punishment is authorized; and
Attorney's Note
Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A1 misdemeanor | up to 150 days | |
| Class 1 misdemeanor | up to 120 days | |
| Class 2 misdemeanor | up to 60 days | up to $1,000 |
| Class 3 misdemeanor | up to 20 days | up to $200 |
Terms Used In North Carolina General Statutes 15A-1340.23
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
(2) A range of durations for the sentence of imprisonment: any sentence within the duration specified is permitted.
PRIOR CONVICTION LEVELS
MISDEMEANOR
OFFENSE LEVEL I LEVEL II LEVEL III
CLASS No Prior One to Four Prior Five or More
Convictions Convictions Prior Convictions
A1 1-60 days C/I/A 1-75 days C/I/A 1-150 days C/I/A
1 1-45 days C 1-45 days C/I/A 1-120 days C/I/A
2 1-30 days C 1-45 days C/I 1-60 days C/I/A
3 1-10 days C 1-20 days C/I/A.
1-15 days C
if one to three prior convictions
1-15 days C/I if four prior convictions
(d) Fine Only for Certain Class 3 Misdemeanors. – Unless otherwise provided for a specific offense, the judgment for a person convicted of a Class 3 misdemeanor who has no more than three prior convictions shall consist only of a fine. (1993, c. 538, s. 1; 1994, Ex. Sess., c. 24, s. 14(b); 1995, c. 507, s. 19.5(g); 2013-360, s. 18B.13(a).)