Legal Question in Criminal Law in North Carolina

The answer is it depends. Do you have a prior criminal record? How old are you? Juvenile or adult? Are there any mitigating or aggravating factors?

Do you have a criminal law attorney ? If so, then it is not ethical for me to intervene in the existing attorney-client relationship and yuo should direct questions regarding your possible sentence to your attorney. He or she has all the facts - neither I nor the other attorneys do. Its not fair to me, another attorney or your attorney to have us second guess the situation.

If you do not have an attorney, get one immediately. If you cannot afford one, then apply for a public defender.

Assuming that you are an adult, although I do not know if you have a prior record or if there are aggravating/mitigating circumstances, then the possible punishments are outlined below:

� 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 G.S. 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

(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 1‑15 days C/I 1‑20 days C/I/A.