How North Carolina classes crimes
North Carolina sorts crimes into classes. Felonies are grouped into lettered classes, and misdemeanors have their own classes. The class of the offense, together with your prior record, determines the range of punishment a judge can impose under the state’s structured sentencing laws. DWI has its own separate sentencing system.
The same conduct can sometimes be charged either way. For example, larceny can be a misdemeanor or a felony depending on the value of the property and other facts, and some repeat misdemeanors can be charged as felonies.
Which court hears the case
Misdemeanors are usually tried in district court before a judge, without a jury. If you are convicted, you generally can appeal to superior court for a new trial with a jury.
Felonies start in district court with a first appearance and sometimes a probable cause hearing. Then the case usually moves to superior court after a grand jury returns an indictment, or after the defendant agrees to proceed on an information. Felony trials happen in superior court before a jury.
Some misdemeanors begin in superior court when they are joined with a felony. And some felony cases end in district court when the charge is reduced to a misdemeanor and resolved there. The path depends on the charge and how the case develops.
Possible sentences
For a misdemeanor, a judge may impose a fine, probation, community service, or jail time, depending on the class and your record. Many first-time misdemeanors do not result in active jail time, but some can.
For a felony, the possible sentences range from probation to years in prison, depending on the class and your prior record level. Some felonies require an active sentence. Habitual felon and other enhancements can raise the punishment sharply.
Lasting consequences
- Gun rights. A felony conviction generally bars you from possessing firearms under state and federal law. Some misdemeanors, including domestic violence offenses, also affect gun rights.
- Jobs and licenses. Many employers and licensing boards ask about convictions.
- Housing and loans. Landlords and lenders often run background checks.
- Voting. In North Carolina, a felony conviction can affect your right to vote until your rights of citizenship are restored. Under state law, those rights are restored automatically when you are unconditionally discharged from prison, probation, or parole, or by a pardon.
- Immigration. Some convictions, felony or misdemeanor, can affect immigration status.
Even a misdemeanor can carry serious consequences for some people, such as a nurse, a commercial driver, or a person who is not a citizen. Do not assume a misdemeanor is minor until you know how it will affect you.
Reducing a felony to a misdemeanor
Sometimes a felony can be reduced to a misdemeanor through negotiation, or the evidence supports only a misdemeanor. That can make a large difference in your future. We never promise a reduction, but we look for every lawful way to limit the damage, including challenging the value, the facts, and the class the State has charged.
A plea to a misdemeanor instead of a felony can also affect gun rights, voting, and some job and licensing decisions. Those consequences belong in the conversation before any plea.
Your prior record
For most felonies and misdemeanors, your criminal history affects the punishment. North Carolina counts prior convictions to assign a prior record level for felonies, or a prior conviction level for misdemeanors. A higher level means a higher possible sentence for the same offense.
Prior record calculations can be wrong. Old convictions may be counted twice, out-of-state convictions may be classified incorrectly, or the record may include someone else’s case. We check the record carefully, because a correct calculation can make a real difference in the sentence.
How we help
We investigate rather than process, and we prepare every case as though it is going to trial. We tell you the hard truth about the class of the charge, your record, and your realistic options. We explain our fee in writing before you hire us.
Call (336) 281-2008 or request a consultation. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
What is the main difference between a felony and a misdemeanor in NC?
A felony is a more serious crime that can lead to a prison sentence and is tried in superior court. A misdemeanor is less serious and is usually handled in district court, with lighter possible punishment.
Can a felony be reduced to a misdemeanor in North Carolina?
Sometimes. A felony may be reduced through negotiation with the prosecutor, or the evidence may support only a misdemeanor. It depends on the facts, the charge, and your record.
Do misdemeanors go on your record in NC?
Yes. A misdemeanor conviction is part of your criminal record and can show up on background checks. Some may be eligible for expunction later.
Can I vote with a felony conviction in North Carolina?
A felony conviction can affect your right to vote until your rights of citizenship are restored. Under North Carolina law, those rights are restored automatically when you are unconditionally discharged from prison, probation, or parole, or by a pardon. If you are unsure of your status, ask your lawyer or your county board of elections before you register.
Can I own a gun after a misdemeanor in NC?
Many misdemeanors do not affect gun rights, but some do, including misdemeanor crimes of domestic violence under federal law. A felony conviction generally bars possession of firearms.