Winston-Salem Misdemeanor Lawyer

Dedicated Misdemeanor Attorney in Winston-Salem

While not as serious as a felony charge, a misdemeanor charge in North Carolina does carry some significant weight, and a conviction could mean supervised probation, high court fines, and even an active jail sentence. Let the seasoned and Winston-Salem misdemeanor lawyer from LAWSMITH, The Law Offices of J. Scott Smith, PLLC, handle your misdemeanor case in Winston-Salem and the surrounding areas.

At LAWSMITH, The Law Offices of J. Scott Smith, PLLC, we are proud to have helped countless clients overcome their misdemeanor charges, and we could do the same for you, too. We work quickly and efficiently with our clients to develop personalized defenses unique to the charges they face. Our experienced Winston-Salem misdemeanor lawyers have the experience necessary to strongly represent you both in and out of court.

What Is A Misdemeanor?

Misdemeanors are considered to be a less severe offense than a felony charge, but a misdemeanor still holds serious penalties and could leave you with life-altering consequences. Individuals who are convicted of misdemeanor crimes can find themselves facing jail time, probation, fines, and problems in their personal and professional lives.

Common misdemeanors in North Carolina include:

• Driving while impaired (DWI)
• Misdemeanor sex crimes, such as prostitution or sexual battery
• Simple assault
• Misdemeanor drug crimes, such as possession up to one and a half oz of marijuana or possession of drug paraphernalia
• Probation violations
• Domestic violence charges, such as violating a protective order
• Traffic charges, such as Driving while license revoked or careless and reckless driving
• Theft charges, such as Shoplifting or larceny
• Weapons crimes, such as carrying concealed without a permit or weapons on certain state property
• White-collar crimes, such as financial transaction card theft or blackmail

Misdemeanor Classes And Sentencing In North Carolina

Misdemeanors in North Carolina are divided into four classifications based on severity. The class provides guidelines on sentencing, though it varies greatly by case. Only 29% of misdemeanors result in active punishment, such as jail time. The different classes and their penalties are as follows:

• Class A1 misdemeanors carry a maximum sentence of 150 days in jail and a fine determined by the court.
• Class 1 misdemeanors carry a maximum sentence of 120 days in jail and a fine determined by the court.
• Class 2 misdemeanors carry a maximum sentence of 60 days in jail and up to a $1,000
• Class 3 misdemeanors carry a maximum sentence of 20 days in jail and up to a $200 However, unless you have three or fewer prior convictions, the penalty only consists of a fine.

A misdemeanor conviction in Winston-Salem, North Carolina, can also carry a suspended sentence with supervised or unsupervised probation. Supervised probation requires the assignment of a probation officer and can expose the probationer to warrantless searches, drug tests, warrantless searches of the probationer’s home, restrictions on leaving the state, and more.

Factors That Influence the Severity of a Misdemeanor Charge

In North Carolina, the classification of the offense under North Carolina’s misdemeanor laws largely determines the class of misdemeanor you are charged with. In certain cases, a misdemeanor can even be elevated to a felony charge. However, each case is individually evaluated to determine the severity of the charges and penalties you will face.

The presence of aggravating factors increases the likelihood of higher charges and harsher penalties. Common aggravating factors in a misdemeanor case include:

• Prior criminal convictions. North Carolina uses a structured sentencing system in which prior convictions increase the likelihood of harsher penalties, including longer jail time. Judges may impose stricter penalties for repeat offenders in an attempt to deter future misconduct.
• Causing extreme injury or death to victims. When a misdemeanor results in serious bodily harm or death, this impact on the victim significantly increases the gravity of the offense. Death by vehicle, for example, may also be charged as a felony.
• Crimes against a minor. Offenses involving minors are treated more severely, as they are considered vulnerable victims. You may face enhanced charges or penalties to reflect the harm done to the safety and development of the child.
• Use of a weapon. The use or even just the presence of a weapon increases the potential for violence and harm to the victim, both physically and mentally. Due to this, there are often more severe charges or sentences for these offenses.

Mitigating factors, however, can decrease the likelihood of criminal charges, or they may be used to reduce charges or penalties. Some mitigating factors include:

• Committing the offense under duress or coercion. If you were pressured or threatened into committing an offense, you may experience lighter penalties or get the charges dismissed entirely.
• Accepting responsibility. Judges often consider whether you are demonstrating accountability when determining sentencing. This can include demonstrating that you understand the severity of the case or cooperating with law enforcement.
• Playing a minor or passive role in the offense. If you’ve had limited involvement, such as being present during the crime but not the primary instigator, you may experience reduced charges or a more lenient sentence.
• Committing the offense due to a mental or physical disability. If a condition, such as a mental health disorder or substance abuse, significantly influenced your behavior, you could undergo rehabilitation rather than facing criminal charges. Additionally, a judge may decide on lighter penalties if you are proactively taking steps to rehabilitate.

North Carolina Misdemeanors And Bench Trials Versus Jury Trials

In North Carolina, a misdemeanor is tried in the district court division of criminal court. District court trials are decided from the bench by a district court judge and not a jury. In Winston-Salem, criminal district court is held in courtroom 201 in the Forsyth County Courthouse.

If you are unhappy with the outcome of your district court bench trial, you may wish to have your case proceed to a jury. If so, you may appeal the decision of the district court, within ten days of your bench trial, to the Superior Court. There, you can have a de novo jury trial in the Superior Court.

The Consequences of a Misdemeanor Charge on Your Future

Beyond penalties like incarceration or fines, there are other impacts of a misdemeanor conviction on your life and opportunities. If you hire a misdemeanor lawyer, they can work to mitigate these negative consequences. That way, you aren’t limited by your criminal charges. Some of the collateral consequences of a conviction include:

• Employment limitations. Misdemeanor checks are visible to employers during background checks, which can influence their hiring decisions. You may also be prevented from working in certain industries, such as healthcare or education, depending on your charges. Even if a conviction does not automatically disqualify you, it can make it more difficult to compete with other applicants or limit your promotion opportunities.
• Difficulty securing housing and apartment leases. Landlords can also review criminal histories when screening potential tenants. Some misdemeanors, such as property damage or drug-related crimes, may cause landlords to deny an application out of safety or liability concerns. This may reduce your housing options or require higher deposits.
• Educational and scholarship opportunities. A misdemeanor on your criminal record can influence a college or university’s admission decisions, potentially limiting your access to secondary education. Additionally, a criminal record can limit your eligibility for financial aid, scholarships, or campus housing, any of which you may need to attend school.
• Professional licenses. Many careers in North Carolina require state-issued licenses. If a licensing board determines that your conviction involved violence, is related to the duties and responsibilities of the licensed occupation, or was sexual in nature, you may have your license revoked or be unable to acquire a license.

Why You Should Hire a Misdemeanor Lawyer

Facing a misdemeanor charge in North Carolina can leave you worried about what to do and what your future might be. A Winston-Salem misdemeanor attorney can guide you through this process, upholding your rights to a fair and just criminal trial.

A lawyer understands North Carolina’s misdemeanor laws and court procedures, making them an excellent resource for questions about your case. They can guide you through the legal process while simultaneously building a strong case by:

• Evaluating the evidence
• Identifying weaknesses in the prosecution’s argument
• Negotiating for reduced or dismissed charges when possible

A lawyer can also pursue alternative sentencing and trial options that may help you avoid a permanent criminal record. For example, they can see whether you can complete a pretrial diversion program. This is a rehabilitation-focused program for first-time offenders who, upon successful completion, can have their charges dismissed.

FAQs

Can a First-Time Misdemeanor Be Dismissed in North Carolina?

Yes, a first-time misdemeanor can be dismissed, depending on the circumstances of the case. For first offenses, the court may allow you to undergo a diversion program or complete other conditions that demonstrate recovery and a willingness to change. Upon completing a diversion program, your charges may be dismissed. Additionally, charges can be dismissed for reasons such as insufficient evidence or constitutional violations during the investigation.

What Is the Punishment for a Misdemeanor in North Carolina?

The punishment for a misdemeanor case varies, depending on:

• The class of the offense
• Your prior record
• The presence of aggravating and mitigating factors

Penalties often include a jail sentence, fines, probation, and community service. A Winson-Salem misdemeanor attorney can explain the potential penalties for your case. Then, they can craft a defense strategy to minimize them.

What’s Worse, a Class 1 or Class 2 Misdemeanor?

A Class 1 misdemeanor is more serious than a Class 2 misdemeanor. Class 1 offenses carry longer jail sentences and may have stricter probation conditions compared to a Class 2 misdemeanor. However, neither Class 1 nor Class 2 is the most severe type of misdemeanor case. A Class A1 offense is even more severe compared to a Class 1 offense, while a Class 3 offense is the least serious.

Hire An Experienced Winston-Salem Misdemeanor Lawyer

At LAWSMITH, The Law Offices of J. Scott Smith, PLLC, our attorneys are well aware of the consequences a misdemeanor conviction can have on your life. We have a passion for justice and can work to pursue a positive outcome in your case. Contact us today to schedule a free case consultation regarding your misdemeanor charges in North Carolina.