Charlotte Misdemeanor Lawyer

Top-Rated Misdemeanor Attorney in Charlotte, NC

Being charged with any crime, even a misdemeanor, can be a scary and overwhelming experience. If you are convicted, you may face legal consequences such as fines, community service, probation, or even jail time. In addition, any criminal conviction can come with serious reputational damage and social implications. If you are facing misdemeanor charges in the Charlotte area, you can protect your rights by reaching out to a Charlotte misdemeanor lawyer.

Why Trust Steven T. Meier, PLLC?

When you need an experienced Charlotte criminal defense lawyer, the attorneys at Steven T. Meier, PLLC, are here for you. They bring decades of combined experience advocating for clients and helping them defend their rights in the face of criminal charges. From the earliest meetings in our office all the way through to the Mecklenburg County Courthouse, our attorneys stay present every step of the way so you can navigate unknowns with confidence.

Misdemeanors vs. Felonies

Misdemeanors and felonies are both considered criminal offenses, and sometimes there is some confusion about the difference between the two. Misdemeanors are generally less serious offenses than felonies. Misdemeanor offenses can be punished by jail time, but a sentence of confinement for a misdemeanor cannot exceed one year in length. Felony offenses, on the other hand, are punishable by more than one year in prison.

Like felony offenses, misdemeanors stay on a person’s criminal record and can have negative effects on several aspects of a person’s future. For example, some companies do not hire a person if they have certain misdemeanor convictions or if they have a conviction within the preceding few years. Additionally, some landlords or property management companies do not rent to a person who has had a misdemeanor conviction.

Common Misdemeanor Offenses in Charlotte

There is a wide range of offenses that can be charged as misdemeanors in Charlotte. A few of the most common are as follows:

• Assault: Simple assault that does not involve a deadly weapon and does not result in serious bodily injury is usually charged as a Class 2 misdemeanor in North Carolina. Assault is the single most common violent crime in North Carolina, which has a statewide annual assault rate of 2.996 incidents per 1,000 residents.
• DWI: DWI, or driving while intoxicated, is usually charged as a misdemeanor in North Carolina. DWI may be charged as a felony if there are repeat offenses or if the offender causes serious injury or death to another person.
• Shoplifting or theft: Shoplifting and simple theft are often charged as misdemeanors in North Carolina. These offenses can be felonies if the monetary value of whatever was stolen exceeds a certain threshold.
• Drug possession: In North Carolina, possession of Schedule I controlled substances is usually a felony, but possession of other controlled substances, especially in small amounts, is often a misdemeanor.

These are just a few examples of common misdemeanor offenses in North Carolina. Any criminal offense that is more serious than a traffic infraction but less serious than a felony is likely to be charged as a misdemeanor.

Penalties for Misdemeanors in Charlotte

Because there is such a wide range of misdemeanor offenses in North Carolina, there is an equally wide range of misdemeanor penalties. Jail time for misdemeanors is limited to 364 days, but judges may also impose probation, community service, or fines as legal penalties for misdemeanor offenses. The state of North Carolina uses a penalty grid for misdemeanors, similar to the one they use for felonies. Some possible penalties for misdemeanors include the following:

• Class A1: A Class A1 misdemeanor is the most serious misdemeanor in North Carolina. Offenses like assault resulting in injury can be Class A1 misdemeanors, and they are punishable by up to 150 days in jail, depending on the offender’s prior record.
• Class 1: Simple theft can be charged as a Class 1 misdemeanor in North Carolina, and the penalty may include up to 120 days in jail.
• Class 2: Disorderly conduct is an example of a Class 2 misdemeanor offense. A conviction can warrant a jail sentence of up to 60 days.
• Class 3: Class 3 misdemeanors are the least serious in North Carolina, and most of them are only punishable by a fine. However, some select offenses can incur jail time, and four or more prior convictions can result in a 20-day jail sentence.

This is just a short summary of potential penalties for misdemeanors in North Carolina. Keep in mind that judges have a lot of discretion when it comes to sentencing for misdemeanors, and the circumstances of the offense, your prior record or lack thereof, and your conduct in court can all have an effect on the final outcome.

When Should You Hire a Misdemeanor Lawyer?

If you have been charged with a misdemeanor offense, or if you have committed one and think you may be charged in the near future, it is wise to go ahead and hire a misdemeanor lawyer as soon as you can. Your attorney can help you protect your rights from the very beginning of your contact with law enforcement. In some cases, a competent attorney is the difference between a conviction and dropped charges.

Potential Defenses Against Misdemeanor Charges

As with any other criminal charge, if you are charged with a misdemeanor, you are presumed innocent until you are proven guilty. In many circumstances, it is possible for your attorney to work with you to mount a compelling defense against the charges. Some general defense strategies an attorney may use are below:

• Alibi defense: If you are completely innocent of the charges against you and were not at the scene of the crime, your defense attorney may build a defense based on that fact and present any corroborating evidence you have to support your innocence. Examples could be photos, work timecards, camera footage, written messages, or any other evidence that demonstrates you were elsewhere at the time of the offense.
• Lack of intent: Some offenses require certain intentions to establish guilt. Depending on the offense in question, your attorney may assert that it was not your intention to commit any wrongdoing.
• Self-defense: If the charges against you involve assault, your attorney could argue that you were acting in self-defense and were not the aggressor.
• Unlawful search or seizure: Law enforcement officers are required to respect all citizens’ constitutional rights. Failure to obtain a warrant or searching a person without probable cause can constitute a violation of those rights, and any evidence acquired in this way may be inadmissible in court. In some cases, this results in an entire case being dismissed because the admissible evidence is not sufficient to establish guilt.

If you are innocent of the charges against you, your attorney is likely to start with that fact when building your defense. If you did commit the offense of which you are accused, the burden of proof is still on the prosecution to demonstrate that in court, and your defense attorney can help protect your rights by enforcing due process. Your attorney can examine the particulars of your situation and work to build a defense strategy for you.

FAQs

Do Most Misdemeanors Require Mandatory Jail Time?

No. Most misdemeanors do not require mandatory jail time in North Carolina. Judges have a lot of discretion when it comes to sentencing for misdemeanors, and some may choose to hand down fines, community service, or other alternative sentences in lieu of jail time. It is possible to go to jail for many misdemeanors, but sentences are usually short.

Is Domestic Violence a Misdemeanor in Charlotte?

In North Carolina, domestic violence is not, in itself, a charge. Rather, people who commit acts of domestic violence are charged based on the actions themselves. For example, a person may be charged with simple assault in a domestic violence incident, which is a misdemeanor. On the other hand, if the domestic violence involved assault with a deadly weapon or resulted in serious injury, the offender may be charged with a felony instead.

Does a Misdemeanor Conviction Prevent a Person From Legally Owning a Firearm in North Carolina?

Usually not. The vast majority of misdemeanor convictions do not affect a person’s eligibility to own a firearm in North Carolina. There is a federal prohibition on owning firearms for people who are convicted of domestic violence offenses, and that holds true in North Carolina, as well, but most misdemeanors have nothing to do with gun ownership.

Can a Misdemeanor Conviction Be Expunged From a Criminal Record?

Sometimes. In North Carolina, some misdemeanor convictions, especially for minor and non-violent offenses, can be expunged from a person’s record after a period of time. Your attorney can discuss this with you and give you some insight as to whether expungement may be possible in your situation in the event that you are convicted.

Contact Steven T. Meier, PLLC, Local Charlotte Criminal Defense Lawyer

If you are facing misdemeanor charges in Charlotte, you can benefit immediately from knowledgeable and experienced legal support. At Steven T. Meier, PLLC, we are ready to put our decades of combined experience to work advocating for you. Contact us to find out how we can help.