Misdemeanor v. Felony

Got charged with a crime and are curious about what you are facing?

We are here to break down what it looks like in North Carolina.

DWIs are a class of their own—look out for that blog post coming soon!

Severity

Misdemeanors are less serious offenses. Some examples include driving while license revoked, simple assault, and theft of items valued less than $1000.

Felonies are more serious. This could be fleeing an officer using a motor vehicle, violent assaults involving serious injury, theft of items over $1000, as well as arson, kidnapping, rape, or murder.

Punishment

Misdemeanors, if not dismissed, may result in fines, probation, community service, or serving time. At worst, or highest class, the punishment could be a maximum of 300 days in jail.

Felonies can also be dismissed, including fines, probation, community service, or time served. As the crime becomes more serious, or higher class, there is a possibility of years in prison, up to life sentences.

Process

Misdemeanors are handled in District Court, have shorter proceedings, and the evidence is only considered by a judge, not a jury.

Felonies begin in District Court. If not resolved there, may be indicted by a grand jury to Superior Court. In the event of a trial, the evidence is considered by a jury once the judge decides it is appropriate.

Impact

Misdemeanor convictions show up on background checks but can be eligible for expungement if they are not assaultive.

Felony convictions result in loss of voting rights, a firearm ban, and only a select few are expungible.