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Criminal Defense | Misdemeanors | DUI / DWI | Personal Injury | Traffic Offenses | Family Law

Misdemeanors

Although Misdemeanors are less severe offenses, We treat them with the same amount of seriousness as all crimes because they can have a great impact on your life and your opportunities. We take great pride in being efficient as well as dedicated in defending our clients and their freedom. We do realize that defending our clients is a privilege and not an inalienable right; Therefore we treat it as such.

Assault and Battery: In North Carolina, Assault and Battery crimes are separated into three parts; Assault and Battery, Assault, and Affray. An individual that commits any of these crimes will usually be charged with a Class 2 Misdemeanor as long as the injury inflicted does not require medical attention. The defendant can receive probation or 30 days in jail if convicted of this crime. However, the defendant can receive up to 60 days in jail if they have prior convictions.

Some offenses are punished more severely.

Serious Injury: The defendant that inflicts a serious injury upon a victim will be charged with a Class A1 misdemeanor.
Deadly Weapon: An assault involving a deadly weapon will result in a Class A1 misdemeanor.
Domestic Violence: An assault that results in a serious injury on someone who has a personal relationship which includes family, a child under the age of 18, spouses, former spouses, people who have children together, people who have dated, and people in the same household.
Sexual Battery (Class A1): Any physical or sexual contact by force due to sexual desire. Also, sexual battery is having any sexual contact with someone who is mentally unstable, physically unable, or impaired.

Being charged with a Class A1 Misdemeanor generally results in probation, supervised probation, or 60 days in jail.

North Carolina Misdemeanor Drug Laws:
Misdemeanor Possession of Drug Paraphernalia N.C.G.S. § 90-113.22. Possession of drug paraphernalia. (a) It is unlawful for any person to knowingly use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, or conceal a controlled substance which it would be unlawful to possess, or to inject, ingest, inhale, or otherwise introduce into the body a controlled substance which it would be unlawful to possess. (b) Violation of this section is a Class 1 misdemeanor. Misdemeanor Possession of Marijuana punishable as a Class 3 or Class 1 Misdemeanor: A controlled substance classified in Schedule VI [marijuana] shall be guilty of a Class 3 misdemeanor, but any sentence of imprisonment imposed must be suspended and the judge may not require at the time of sentencing that the defendant serve a period of imprisonment as a special condition of probation. If the quantity of the controlled substance exceeds one half of an ounce (avoirdupois) of marijuana or one, twentieth of an ounce (avoirdupois) of the extracted resin of marijuana, commonly known as hashish, the violation shall be punishable as a Class 1 misdemeanor.

Misdemeanor Possession of Schedule V Drugs Punishable as a Class 2 Misdemeanor:
Not more than 200 milligrams of codeine or any of its salts per 100 milliliters or per 100 grams.
Not more than 100 milligrams of dihydrocodeine or any of its salts per 100 milliliters or per 100 grams.
Not more than 100 milligrams of ethylmorphine or any of its salts per 100 milliliters or per 100 grams.
Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit.
Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.
Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
Pyrovalerone - Misdemeanor Possession of Schedule II, Schedule III, or Schedule IV punishable as a Class 1 Misdemeanor.

For information regarding sentencing and punishment on Misdemeanor charges, please visit http://cyberstalking.web.unc.edu/files/2013/04/misdemeanor-chart.jpg. Also, Please consider the Law Office of Julian M. Hall to provide a voice and excellent service in proving your innocence and helping you move past a scary painful process that most people dread.

Class 2 and 3 Misdemeanor Larceny: A first offense of shoplifting or concealment of merchandise is considered a Class 3 misdemeanor. The crime is considered shoplifting once one has been stopped and apprehended with merchandise that they did not pay for. The punishment for a Class 3 misdemeanor more often than not will be serving 24 hours of Community Service. A second offense of shoplifting is considered a Class 2 misdemeanor. The punishment for this will be serving 72 hours of community service and/or being imprisoned.

Class 1 Misdemeanor Larceny: If the crime of larceny has been committed and the stolen property or services is equivalent to or less than $1000, then it is a Class 1 Misdemeanor. The punishment for committing Class 1 misdemeanor Larceny is being incarcerated for 1-45 days.