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Winston-Salem Misdemeanor Lawyer

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Reviewed by McMinn, Fradin, Gray & Logan
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A criminal charge for a misdemeanor may not seem as serious because it is not a felony, but you should not dismiss the possible consequences of a conviction.

Anybody facing misdemeanor charges in Winston-Salem or a surrounding area of North Carolina will want to seek the help of a skilled Winston-Salem misdemeanor lawyer.

Misdemeanors come in four classes in North Carolina, and prior conviction levels are also taken into account by district courts in the state. Misdemeanors can also have varying levels of punishment, and our skilled criminal defense attorneys can evaluate your legal options during an initial consultation.

 

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Our Team of Attorneys in Winston-Salem

 

 

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James R. McMinn
Michael Fradin professional portrait photo
Michael Fradin
Headshot of Derek M. Gray
Derek M. Gray
Headshot of Daniel N. Logan, professional profile photo
Daniel N. Logan
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Types of Cases Our Misdemeanor Lawyer Handles

Our Winston-Salem attorneys handle a variety of cases involving misdemeanor charges. Misdemeanor alleged offenses in North Carolina include:

 

Class 3 Misdemeanors:

  • Violation of local ordinances, North Carolina General Statute § 14-4(a)
  • Issuing substitutes for money without authority, North Carolina General Statute § 14-15 –
  • Receiving or passing unauthorized substitutes for money, North Carolina General Statute § 14-16
  • Failure of a property owner to comply with orders of public authorities, North Carolina General Statute § 14-68
  • Shoplifting or concealment of merchandise in mercantile establishments (first alleged offense), North Carolina General Statute § 14-72.1(a) and (e)
  • Shoplifting or concealment of merchandise in mercantile establishments (changing price tags, first alleged offense), North Carolina General Statute § 14-72.1(d) and (e)
  • Removal of a shopping cart from shopping premises, North Carolina General Statute § 14-72.3
  • Obtaining a certificate of registration of animals by false representation, North Carolina General Statute § 14-103
  • Obtaining property in return for a worthless check, draft or order, North Carolina General Statute § 14-106
  • Worthless checks; multiple presentments of checks ($2,000 or less) (first, second, and third convictions), North Carolina General Statute § 14-107(d)(1)
  • Making unneeded ambulance request in certain counties, North Carolina General Statute § 14-111.3
  • Theft of cable television service, North Carolina General Statute § 14-118.5
  • Taking of certain wild plants from the land of another, North Carolina General Statute § 14-129
  • Trespass on land that is under option by the federal government, North Carolina General Statute § 14-131
  • Operating a motor vehicle on utility easements after being forbidden to do so, North Carolina General Statute § 14-134.2
  • Setting fire to grassland, brushland, or woodland, North Carolina General Statute § 14-138.1
  • Unlawful posting of advertisements, North Carolina General Statute § 14-145
  • Injuring fixtures and/or other property of gas companies, North Carolina General Statute § 14-152
  • Unauthorized connections with a telephone or telegraph, North Carolina General Statute § 14-155
  • Injuring buildings or fences; taking possession of a house without consent, North Carolina General Statute § 14-159
  • Mutilation of “posted” signs; posting signs without the consent of owner or agent, North Carolina General Statute § 14-159.8
  • Second-degree trespass, North Carolina General Statute § 14-159.13
  • Vandalism, North Carolina General Statute § 14-159.21
  • Sale of speleothems, North Carolina General Statute § 14-159.22
  • Failure to return hired property, North Carolina General Statute § 14-167
  • Failing to return rented property with a purchase option, North Carolina General Statute § 14-168.4
  • Violating orders of the court, North Carolina General Statute § 14-226.1
  • Failing to attend as a witness before legislative committees, North Carolina General Statute § 14-227
  • Disorderly conduct at a bus or railroad station or airport, North Carolina General Statute § 14-275.1
  • Impersonating firefighters or emergency medical services personnel, North Carolina General Statute § 14-276.1
  • Trespassing on railroad right-of-way, North Carolina General Statute § 14-280.1
  • Throwing, dropping, etc., objects at sporting events, North Carolina General Statute § 14-281.1
  • Making false ambulance request, North Carolina General Statute § 14-286.1
  • Failure to pay minors for performing certain work, North Carolina General Statute § 14-321
  • Blacklisting employees, North Carolina General Statute § 14-355
  • Pollution of water on lands that are used for dairy purposes, North Carolina General Statute § 14-382
  • Injuring notices and advertisements, North Carolina General Statute § 14-384
  • Defacing or destroying public notices and advertisements, North Carolina General Statute § 14-385
  • Littering (involving 15 pounds or less, not for commercial purposes), North Carolina General Statute § 14-399(c)
  • Littering (involving more than 15 pounds up to 500 pounds, not for commercial purposes), North Carolina General Statute § 14-399(d)
  • Parking a vehicle in a private parking space without permission, North Carolina General Statute § 14-401.9
  • Failure to give the right to cancel in off-premises sales, North Carolina General Statute § 14-401.13
  • Unlawful destruction or removal of electronic dog collars (first alleged offense), North Carolina General Statute § 14-401.17
  • Unlawful possession, manufacture, sale, or delivery of Salvia divinorum (third alleged offense), North Carolina General Statute § 14-401.23
  • Intoxicated and disruptive in public, North Carolina General Statute § 14-444
  • Computer trespass, North Carolina General Statute § 14-458
  • Riding on a train unlawfully, North Carolina General Statute § 14-460
  • Making a false statement regarding the transfer of a vehicle, North Carolina General Statute § 20-74
  • Violation of registration provisions, North Carolina General Statute § 20-111(1)
  • Operating a commercial vehicle after consumption of alcohol (first alleged offense), North Carolina General Statute § 20-138.2A
  • Operating an ambulance, school bus, school activity bus, child care vehicle, other EMS vehicle, firefighting vehicle, or law enforcement vehicle after consumption of alcohol (first alleged offense), North Carolina General Statute § 20-138.2B
  • Transporting open container of an alcoholic beverage after consumption of alcohol (first alleged offense), North Carolina General Statute § 20-138.7
  • Speed violations (driving a motor vehicle on a highway either more than 80 miles per hour or 15 miles per hour above the speed limit), North Carolina General Statute § 20-141(j1)
  • Speed limit for school buses and school activity buses, North Carolina General Statute § 20-218
  • Speed limit for nonprofit activity buses, North Carolina General Statute § 20-218.2
  • Removal of unauthorized vehicles from private lots, North Carolina General Statute § 20-219.2
  • Surrender of license (willful failure to return license), North Carolina General Statute § 20-279.30, -279.31(c)
  • Operating a motor vehicle without proof of financial responsibility, North Carolina General Statute § 20-313(a)
  • Refusal to permit Department of Crime Control and Public Safety to inspect records, North Carolina General Statute § 20-390
  • Unlawful motor carrier operations, North Carolina General Statute § 20-396
  • Unauthorized wearing of badges, North Carolina General Statute § 58-25-70
  • Issuing fire policies contrary to law, North Carolina General Statute § 58-43-35
  • False representation of household goods carrier certificate, North Carolina General Statute § 62-280.1
  • Refusal to permit Commission to inspect records, North Carolina General Statute § 62-313
  • Riding on a train unlawfully, North Carolina General Statute § 62-319
  • Unlawful motor carrier operations, North Carolina General Statute § 62-325(a)
  • Unauthorized use of Citizens Band equipment, North Carolina General Statute § 62-328
  • Permitting bitch at large, North Carolina General Statute § 67-2
  • Failing to kill a mad dog, North Carolina General Statute § 67-4
  • Allowing dogs to run at large at night, North Carolina General Statute § 67-12
  • Allowing livestock to run at large, North Carolina General Statute § 68-16
  • Altering timber trademark crime, North Carolina General Statute § 80-22
  • Possession of branded logs without consent, North Carolina General Statute § 80-23
  • Possession of marijuana drug paraphernalia, North Carolina General Statute § 90-113.22A
  • Sale of immature apples, North Carolina General Statute § 106-189.2
  • Unlawful entry on grounds, North Carolina General Statute § 106-514
  • Unlicensed vending, etc., near fairs, North Carolina General Statute § 106-518
  • Taking shellfish from certain forbidden areas, North Carolina General Statute § 113-207
  • Unlawful use of facilities for disabled sportsman, North Carolina General Statute § 113-298
  • Misrepresentation of eligibility, North Carolina General Statute § 115B-6
  • Failure to return books, North Carolina General Statute § 125-11
  • Destruction of records regulated, North Carolina General Statute § 132-3
  • Placing glass or injurious obstructions in road, North Carolina General Statute § 136-91
  • Privacy of employee personnel records, North Carolina General Statute § 153A-98

 

Class 3 Misdemeanors or Class 2 Misdemeanors:

  • Unlawful sale of fish, North Carolina General Statute § 113-168.4
  • Unlawful use of a vessel not registered with the Division, North Carolina General Statute § 113-168.6
  • Fraud or deception relating to licenses, permits, or records, North Carolina General Statute § 113-170.2
  • Unlawful possession, transportation, and sale of fish, North Carolina General Statute § 113-183
  • Transplanting of oysters and clams, North Carolina General Statute § 113-203(a2)
  • Obstructing or polluting the flow of water into hatchery; throwing fish offal into waters, North Carolina General Statute § 113-265
  • Hunting licenses violations (unlawful hunting without a license), North Carolina General Statute § 113-270.2
  • Special activity licenses; big game kill report violations (failure to report or tag big game), North Carolina General Statute § 113-270.3(c)
  • Hunting or fishing on the registered property of another party without permission, North Carolina General Statute § 113-285

 

Class 2 Misdemeanors:

  • Simple assault, simple assault and battery, or participation in a simple affray, North Carolina General Statute § 14-33(a)
  • Hazing, North Carolina General Statute § 14-35
  • Enticing minors out of state for purposes of employment, North Carolina General Statute § 14-40
  • Communicating libelous matter to newspapers, North Carolina General Statute § 14-47
  • Shoplifting or concealment of merchandise in mercantile establishments (second alleged offense committed within three years of conviction of first alleged offense), North Carolina General Statute § 14-72.1(a) and (e)
  • Shoplifting or concealment of merchandise in mercantile establishments (changing price tags, second alleged offense committed within three years of conviction of first alleged offense), North Carolina General Statute § 14-72.1(d) and (e)
  • Obtaining advances under a promise to work and pay for the same, North Carolina General Statute § 14-104
  • Defrauding innkeeper or campground owner, North Carolina General Statute § 14-110
  • Obtaining money by a false representation of a physical defect, North Carolina General Statute § 14-113
  • Use of a false or counterfeit credit device; unauthorized use of another’s credit device; use after notice of revocation, North Carolina General Statute § 14-113.1
  • Avoiding or attempting to avoid payment for a telecommunication service, North Carolina General Statute § 14-113.4
  • Possessing, making, distributing, transferring, or programming device for theft of telecommunication services, North Carolina General Statute § 14-113.5
  • Financial transaction card fraud (except values more than $500 obtained in a six-month period), North Carolina General Statute § 14-113.13
  • Fraudulently obtained criminal receipt of goods and services (value of less than $500 obtained in a six-month period), North Carolina General Statute § 14-113.15
  • Fraudulent and deceptive advertising, North Carolina General Statute § 14-117
  • Disorderly conduct in and injury to public buildings and facilities, North Carolina General Statute § 14-132
  • Setting fire to grass, brushlands, and woodlands, North Carolina General Statute § 14-136
  • Injuring houses, churches, fences, and walls. (Amount involved $5,000 or less), North Carolina General Statute § 14-144
  • Removing, altering, or defacing landmarks, North Carolina General Statute § 14-147
  • Tampering with engines and boilers, North Carolina General Statute § 14-153
  • Injuring fixtures or other property of electric-power companies, North Carolina General Statute § 14-156
  • Interfering with telephone lines, North Carolina General Statute § 14-158
  • First-degree trespass, North Carolina General Statute § 14-159.12(b)
  • Willful and wanton injury to personal property ($200 or less damage), North Carolina General Statute § 14-160(a)
  • Removing boats, North Carolina General Statute § 14-162
  • Hiring with intent to defraud, North Carolina General Statute § 14-168
  • Fornication and adultery, North Carolina General Statute § 14-184
  • Indecent exposure, North Carolina General Statute § 14-190.9
  • Displaying material harmful to minors, North Carolina General Statute § 14-190.14
  • Cyberstalking, North Carolina General Statute § 14-196.3
  • Obstructing way to places of public worship, North Carolina General Statute § 14-199
  • Resisting officers, North Carolina General Statute § 14-223
  • False reports to law enforcement officers or agencies, North Carolina General Statute § 14-225
  • Interference with an electronic monitoring device (any other person), North Carolina General Statute § 14-226.3(e), (b)
  • Private use of publicly owned vehicle, North Carolina General Statute § 14-247
  • Carrying a concealed weapon (other than a pistol or gun), North Carolina General Statute § 14-269(a)
  • Carrying a concealed weapon (pistol or gun, first alleged offense), North Carolina General Statute § 14-269(a1)
  • Obstruction of health care facilities (first alleged offense), North Carolina General Statute § 14-277.4
  • Unlawful injury to property of railroads, North Carolina General Statute § 14-279
  • Unlawful impairment of operation of railroads, North Carolina General Statute § 14-279.1
  • Operating trains and streetcars while intoxicated, North Carolina General Statute § 14-281
  • Disorderly conduct, North Carolina General Statute § 14-288.4
  • Failure to disperse when commanded, North Carolina General Statute § 14-288.5
  • Violation of emergency prohibitions and restrictions, North Carolina General Statute § 14-288.20A
  • Selling lottery tickets or acting as an agent for lotteries, North Carolina General Statute § 14-291
  • Gambling, North Carolina General Statute § 14-292
  • Operation or possession of slot machines, North Carolina General Statute § 14-301
  • Permitting young children to use dangerous firearms, North Carolina General Statute § 14-316
  • Abandonment and failure to support a spouse and children (first alleged offense), North Carolina General Statute § 14-322
  • Parents; failure to support (first alleged offense), North Carolina General Statute § 14-326.1
  • Possessing, manufacturing, trafficking in, or transporting poisonous alcoholic beverages (transport, sell, or possess for the purpose of sale), North Carolina General Statute § 14-329(c)
  • Abandonment of animals, North Carolina General Statute § 14-361.1
  • Unauthorized publishing, opening, or reading of sealed letters and telegrams, North Carolina General Statute § 14-372
  • Desecration of State and United States flag, North Carolina General Statute § 14-381
  • Sexual harassment, North Carolina General Statute § 14-395.1
  • Filing false security agreements, North Carolina General Statute § 14-401.19
  • Sale of certain weapons without permit forbidden, North Carolina General Statute § 14-402
  • Cyber-bullying (alleged offender is under 18), North Carolina General Statute § 14-458.1
  • Cyber-bullying of school employee by student, North Carolina General Statute § 14-458.2
  • False qualification by surety, North Carolina General Statute § 15A-542
  • Issuance and renewal of driver’s license violations (operation of a vehicle that the driver is unauthorized to operate), North Carolina General Statute § 20-7(a)
  • Issuance and renewal of driver’s license violations (operation of a motorcycle without a license), North Carolina General Statute § 20-7(a1)
  • Impaired instruction, North Carolina General Statute § 20-12.1
  • Failure to disclose damage to a vehicle, North Carolina General Statute § 20-71.4
  • False report of theft or conversion, North Carolina General Statute § 20-102.1
  • Injuring or tampering with vehicle, North Carolina General Statute § 20-107
  • Unlawful use of a mobile phone, North Carolina General Statute § 20-137.4
  • Driving by a person less than 21 years of age after consumption of alcohol or drugs, North Carolina General Statute § 20-138.3
  • Transporting open container of an alcoholic beverage after consumption of alcohol (second or subsequent alleged offense), North Carolina General Statute § 20-138.7
  • Reckless driving, North Carolina General Statute § 20-140
  • Unlawful racing on streets or highways (willful speed competition with another motor vehicle), North Carolina General Statute § 20-141.3(b)
  • Nonsupport of illegitimate child by parents, North Carolina General Statute § 49-2
  • False statement regarding protective order, North Carolina General Statute § 50B-4.2
  • Trespass upon airport property, North Carolina General Statute § 63-26.1
  • Perjury, North Carolina General Statute § 66-167
  • Criminal use of a counterfeit trademark (retail value of goods or services exceeding $3000), North Carolina General Statute § 80-11.1(b)(1)
  • Unauthorized practice of contracting; impersonating a contractor; false certificate; giving false evidence to the Board, North Carolina General Statute § 87-13
  • Unlawful practice, North Carolina General Statute § 88A-4
  • Advertisement of drug paraphernalia, North Carolina General Statute § 90-113.24
  • Willful failure to pay estimated tax, North Carolina General Statute § 105-163.44
  • Interference with the inspector (without the use of a deadly weapon), North Carolina General Statute § 106-549.34
  • Violation of curfew, North Carolina General Statute § 116-213
  • Unlawful substitution, North Carolina General Statute § 119-1
  • Damaging or removing signs, North Carolina General Statute § 136-33
  • Disruptions of official meetings, North Carolina General Statute § 143-318.17
  • False statements (Small Business Contractor Authority), North Carolina General Statute § 143B-472.112
  • Obstruction of audit, North Carolina General Statute § 147-64.7A

 

Class 1 Misdemeanors:

  • Refusal to surrender official papers, North Carolina General Statute § 1-531
  • Domestic abuse, neglect, or exploitation of disabled or elderly adults (loss of property or money with a value of $1,000 or less), North Carolina General Statute § 14-32.3(c)
  • Assault, assault and battery, or an affray against a sports official, North Carolina General Statute § 14-33(b)
  • Concealing the birth of a child (aiding or abetting any other person in concealing), North Carolina General Statute § 14-46
  • Breaking or entering buildings (no intent to commit felony or larceny therein), North Carolina General Statute § 14-54(b)
  • Damaging or destroying coin- or currency-operated machines, North Carolina General Statute § 14-56.2
  • Preparing to commit breaking or entering into motor vehicles (first alleged offense), North Carolina General Statute § 14-56.4
  • Larceny of property; receiving stolen goods or possession of stolen goods (value $1,000 or less), North Carolina General Statute § 14-72(a)
  • Larceny of a motor fuel (less than $1,000), North Carolina General Statute § 14-72.5
  • Possession or manufacture of fraudulent forms of identification, North Carolina General Statute § 14-100.1
  • Blackmailing, North Carolina General Statute § 14-118
  • Willful and wanton injury to real property, North Carolina General Statute § 14-127
  • Trespass on public lands, North Carolina General Statute § 14-130
  • Domestic criminal trespass, North Carolina General Statute § 14-134.3
  • Preparation of obscene photographs, slides, or motion pictures, North Carolina General Statute § 14-190.5
  • Disseminating harmful material to minors; exhibiting harmful performances to minors, North Carolina General Statute § 14-190.15
  • Prostitution, North Carolina General Statute § 14-204
  • Solicitation of prostitution (first alleged offense), North Carolina General Statute § 14-205.1
  • Willfully failing to discharge duties, North Carolina General Statute § 14-230
  • Failing to make reports or discharge other duties, North Carolina General Statute § 14-231
  • Swearing falsely to official reports, North Carolina General Statute § 14-232
  • Harboring fugitives, North Carolina General Statute § 14-267
  • Weapons on campus or other educational property, North Carolina General Statute § 14-269.2(d)
  • Weapons on campus or other educational property (aiding or encouraging a minor under 18 to carry or possess a weapon), North Carolina General Statute § 14-269.2(e)
  • Weapons on certain state property or in courthouses, North Carolina General Statute § 14-269.4
  • Communicating threats, North Carolina General Statute § 14-277.1
  • Exposing children to fire, North Carolina General Statute § 14-318
  • Cruelty to animals, North Carolina General Statute § 14-360(a)
  • Defrauding drug and alcohol screening tests, North Carolina General Statute § 14-401.20
  • Damaging computers, computer systems, computer networks, or resources ($1000 or less damage caused), North
  • Carolina General Statute § 14-455(a), North Carolina General Statute § 14-455(a)
  • Cyber-bullying; penalty (alleged offender is 18 or older), North Carolina General Statute § 14-458.1

 

Class A1 Misdemeanors:

  • Battery on an unborn child, North Carolina General Statute § 14-23.6
  • Sexual battery, North Carolina General Statute § 14-27.5A
  • Assaults on handicapped persons (simple assault or battery), North Carolina General Statute § 14-32.1(f)
  • Assault inflicting serious injury or using a deadly weapon, North Carolina General Statute § 14-33(c)(1)
  • Assault on a female, North Carolina General Statute § 14-33(c)(2)
  • Assault on a child under 12 years of age, North Carolina General Statute § 14-33(c)(3)
  • Assault on a State officer or employee, North Carolina General Statute § 14-33(c)(4)
  • Assault on a school employee or volunteer, North Carolina General Statute § 14-33(c)(6)
  • Assault on a public transit operator, North Carolina General Statute § 14-33(c)(7)
  • Assault on a company police officer, North Carolina General Statute § 14-33(c)(8)
  • Assault inflicting serious injury or using a deadly weapon on a person with whom the alleged offender has a personal relationship in the presence of a minor, North Carolina General Statute § 14-33(d)
  • Assaulting by pointing gun, North Carolina General Statute § 14-34
  • First-degree trespass (on certain utility premises), North Carolina General Statute § 14-159.12(c)(1)
  • First-degree trespass (the person entered a building or climbed over a barrier to reach the facility), North Carolina General Statute § 14-159.12(c)(2)
  • Patronizing a prostitute (first violation), North Carolina General Statute § 14-205.2(b)
  • Stalking (first alleged offense), North Carolina General Statute § 14-277.3A
  • Interfering with emergency communication, North Carolina General Statute § 14-286.2
  • Child abuse, North Carolina General Statute § 14-318.2
  • Prohibiting unlawful transfer of custody of minor child, North Carolina General Statute § 14-321.2(a), (c)
  • Unlawful distribution of images, North Carolina General Statute § 14-401.25
  • Concealment of death (aid, counsel, abet), North Carolina General Statute § 14-401.22(b)
  • Violation of a valid protective order, North Carolina General Statute § 50B-4.1
  • Illegal possession or use of food stamps, North Carolina General Statute § 108A-53.1(b)

 

Our Offices in Winston-Salem

 

 

McMinn, Fradin, Gray & Logan
1133 West 1st St
Winston-Salem, NC 27101
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McMinn, Fradin, Gray & Logan
1043 Burke St
Winston-Salem, NC 27101
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Possible Criminal Penalties

An alleged offender will face three types of possible penalties for a misdemeanor conviction:

  • Active punishment – A jail sentence the alleged offender serves in a local or state jail or another confinement facility.
  • Intermediate punishment – An intermediate punishment may involve a judge sentencing the alleged offender to supervised probation with possible house arrest provisions, electronic monitoring, drug treatment court, and brief periods of time in a jail or other confinement facility.
  • Community punishment – Community punishment usually forgoes all jail time and instead involves a fine, probation, and/or community service.

Sentences in North Carolina are also based on prior conviction levels, with the three levels being:

  • Level I – No previous convictions.
  • Level II – One to four previous convictions.
  • Level III – Five or more previous convictions.

After a judge reviews an alleged offender’s prior convictions, sentences can include:

  • Class 3 misdemeanors – Up to 30 days of active, intermediate, or community punishment and a $200 fine.
  • Class 2 misdemeanors – Up to 60 days of active, intermediate, or community punishment and a $1,000 fine.
  • Class 1 misdemeanors – Up to 120 days of active, intermediate, or community punishment and a fine with no statutory maximum that is at the judge’s discretion.
  • Class A1 misdemeanors – Up to 150 days of active, intermediate, or community punishment and a fine with no statutory maximum that is at the judge’s discretion.

While imprisonment and fines are the consequences most people focus on, there are other consequences to misdemeanor convictions in North Carolina. Lawful permanent residents (LPRs) or “green card holders” can see negative impacts on immigration status, while United States citizens may still have to deal with the loss of a professional license, possible termination of child custody rights, and forfeiture of their gun rights. During your initial consultation in Winston-Salem, your misdemeanor attorney can determine what additional consequences you may be facing upon conviction.

 

Aggravating and Mitigating Factors

Misdemeanors in Winston-Salem can involve mitigating or aggravating factors that might impact the possible punishment a court imposes, as our lawyers can further detail during your consultation. Aggravated and mitigated sentences are established under North Carolina General Statute § § 15A-1340.16, and mitigating factors include:

  • The alleged offender committed the alleged offense under coercion, duress, threat, or compulsion that was not sufficient to constitute a defense but significantly reduced culpability.
  • The alleged offender was a passive participant or played a minor role in the commission of the alleged offense.
  • The alleged offender was suffering from a mental or physical condition that was insufficient to constitute a defense but significantly reduced the alleged offender’s culpability for the alleged offense.
  • The alleged offender’s age, immaturity, or limited mental capacity at the time of commission of the alleged offense significantly reduced the alleged offender’s culpability for the alleged offense.
  • The alleged offender made substantial or full restitution to the alleged victim.
  • The alleged victim was more than 16 years of age and was a voluntary participant in the alleged offender’s conduct or consented to it.
  • The alleged offender assisted in the apprehension of another felon or testified truthfully on behalf of the prosecution in another felony prosecution.
  • The alleged offender acted under strong provocation, or the relationship between the alleged offender and the alleged victim was otherwise extenuating.
  • The alleged offender could not reasonably foresee that the alleged offender’s conduct would cause or threaten serious bodily harm or fear, or the alleged offender exercised caution to avoid such consequences.
  • The alleged offender reasonably believed that the alleged offender’s conduct was legal.
  • Prior to an arrest or at an early stage of the criminal process, the alleged offender voluntarily acknowledged wrongdoing in connection with the alleged offense to a law enforcement officer.
  • The alleged offender has been a person of good character or has had a good reputation in the community in which the alleged offender lives.
  • The alleged offender is a minor and has reliable supervision available.
  • The alleged offender has been honorably discharged from the Armed Forces of the United States.
  • The alleged offender has accepted responsibility for the alleged offender’s criminal conduct.
  • The alleged offender entered and is currently involved in or successfully completed a drug treatment or alcohol treatment program following arrest and prior to trial.
  • The alleged offender supports the alleged offender’s family.
  • The alleged offender has a support system in the community.
  • The alleged offender has a positive employment history or is gainfully employed.
  • The alleged offender has a good treatment prognosis, and a workable treatment plan is available.
  • Any other mitigating factor that is reasonably related to the purposes of sentences.

Aggravating factors include:

  • The alleged offender induced others to participate in the commission of the alleged offense or had a position of leadership relating to other participants.
  • The alleged offender joined with more than one other person in committing the alleged offense and was not charged with committing a conspiracy.
  • The commission of the alleged offense was for the benefit of, or at the direction of, a criminal gang as defined by North Carolina General Statute § 14-50.16A(1), with intent to either further, promote, or assist in criminal conduct by gang members, and the alleged offender was not charged with committing a conspiracy.
  • The alleged offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.
  • The alleged offender was hired or paid to commit the alleged offense.
  • The alleged offense was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws.
  • The alleged offense was committed against or caused serious injury to a present or former Division of Adult Correction and Juvenile Justice of the Department of Public Safety employee, law enforcement officer, jailer, emergency medical technician, fireman, ambulance attendant, social worker, justice or judge, clerk or assistant or deputy clerk of court, magistrate, juror, prosecutor, or witness against the alleged offender, while they were engaged in the performance of official duties or because of the exercise of their official duties.
  • The alleged offense was committed against or proximately caused serious harm as defined in North Carolina General Statute § 14-163.1 or death to a law enforcement agency animal, assistance animal, or search and rescue animal as defined in North Carolina General Statute § 14-163.1, while engaged in the performance of the animal’s official duties.
  • The alleged offense was especially heinous, atrocious, or cruel.
  • The alleged offender knowingly created a considerable risk of death to more than a single person by means of a weapon or device that would normally be hazardous to the lives of more than one person.
  • The alleged offender held public elected or appointed office or public employment at the time of the alleged offense and the alleged offense directly related to the conduct of the office or employment.
  • The alleged offender is a firefighter or rescue squad worker, and the alleged offense is directly related to their service as a firefighter or rescue squad worker.
  • The alleged offender either was armed with or used a deadly weapon at the time of the alleged crime.
  • The alleged victim was very young, very old, mentally or physically infirm, or handicapped.
  • The alleged offender committed the alleged offense while on pretrial release on another charge.
  • The alleged offender has, during the 10-year period prior to the commission of the most recent alleged offense, been found by a court to be in willful violation of conditions of probation that were imposed pursuant to a suspended sentence or was found by the Post-Release Supervision and Parole Commission to be in willful violation of a condition of parole or post-release supervision imposed pursuant to their release from incarceration.
  • The alleged offender involved a person under the age of 16 in the commission of the crime.
  • The alleged offender committed the alleged offense and either knew or reasonably should have known that a person under 18 years of age who was not involved in the commission of the alleged offense was in a position to see or hear the alleged offense.
  • The alleged offense involved an attempted or actual taking of property of great monetary value or damage causing great monetary loss, or the alleged offense involved an unusually large quantity of contraband.
  • The alleged offender took advantage of a position of trust or confidence, including a domestic relationship, to commit the alleged offense.
  • The alleged offense involved the sale or delivery of a controlled substance to a minor.
  • The alleged offense involved the manufacture of methamphetamine and was committed where a person under 18 years of age lives, was present, or was otherwise endangered by exposure to the drug, its ingredients, its by-products, or its waste.
  • The alleged offense is the manufacture of methamphetamine and was committed in a dwelling that is one of four or more contiguous dwellings.
  • The alleged offense for which the alleged offender stands convicted was committed against an alleged victim because of the alleged victim’s race, color, religion, nationality, or country of origin.
  • The alleged offender does not support the alleged offender’s family.
  • The alleged offender has previously been adjudicated delinquent for an alleged offense that would be either a Class A, B1, B2, C, D, or E felony had it been committed by an adult.
    The serious injury inflicted upon the alleged victim is permanent and debilitating.
  • The alleged offense is a violation of North Carolina General Statute § 14-43.11 (human trafficking), North Carolina General Statute § 14-43.12 (involuntary servitude), or North Carolina General Statute § 14-43.13 (sexual servitude) and involved multiple alleged victims.
  • The alleged offense is a violation of North Carolina General Statute § 14-43.11 (human trafficking), North Carolina General Statute § 14-43.12 (involuntary servitude), or North Carolina General Statute § 14-43.13 (sexual servitude), and the alleged victim suffered serious injury as a result of the alleged offense.
  • Any other aggravating factor that is reasonably related to the purposes of sentencing.

 

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