North Carolina Misdemeanor Sentencing Chart 2025 | Jail Time, Fines & Expungement
View North Carolina's misdemeanor sentencing chart for Class A1–3 offenses. Compare jail times, fines, and expungement eligibility by prior record level.
North Carolina's misdemeanor sentencing system follows a structured approach based on offense class and prior record level. Understanding the sentencing chart helps predict potential penalties and plan for the future, whether you're facing charges or working toward expungement eligibility.
North Carolina uses a structured sentencing system for misdemeanor offenses that considers both the severity of the current offense and the defendant's prior criminal history. The system is designed to ensure consistent and fair sentencing while providing appropriate consequences based on the circumstances of each case.
Before reviewing the sentencing chart, familiarize yourself with North Carolina's misdemeanor classification system, which divides offenses into four classes (A1, 1, 2, and 3).
This comprehensive guide breaks down North Carolina's misdemeanor sentencing chart under G.S. 15A-1340.23, including jail time ranges, fine amounts, and how prior record levels affect sentencing outcomes.
Table of Contents
- Misdemeanor Classification System
- Prior Record Levels
- Sentencing Chart Breakdown
- Fine Structure
- Expungement Eligibility
- Factors Affecting Sentencing
- Frequently Asked Questions
Misdemeanor Classification System
North Carolina classifies misdemeanors into four levels, from most serious to least serious:
Class A1 Misdemeanors (Most Serious)
- Maximum jail time: 150 days
- Maximum fine: No statutory limit — determined by judge. Typical range: up to $5,000
- Examples: Assault on a female, assault with deadly weapon, violation of protective orders
- Note: Some Class A1 misdemeanors may affect gun rights under federal law
Class 1 Misdemeanors
- Maximum jail time: 120 days
- Maximum fine: No statutory limit — determined by judge. Typical range: up to $2,500
- Examples: Misdemeanor larceny, communicating threats, certain assaults
Class 2 Misdemeanors
- Maximum jail time: 60 days
- Maximum fine: $1,000 (per N.C.G.S. §15A-1340.23(b))
- Examples: Disorderly conduct, trespassing, certain traffic violations
Class 3 Misdemeanors (Least Serious)
- Maximum jail time: 20 days
- Maximum fine: $200 (per N.C.G.S. §15A-1340.23(b))
- Examples: Speeding, open container, minor traffic offenses
Prior Record Levels
North Carolina uses a three-level system for prior record levels:
Level I (No Prior Convictions)
- Points: 0-1 prior convictions
- Typical sentence: Probation, community service, or minimal jail time
- Fine reduction: Often eligible for reduced fines
Level II (Moderate Prior Record)
- Points: 2-4 prior convictions
- Typical sentence: Increased jail time, higher fines
- Considerations: Pattern of criminal behavior
Level III (Extensive Prior Record)
- Points: 5+ prior convictions
- Typical sentence: Maximum or near-maximum penalties
- Considerations: Repeat offender status
Sentencing Chart Breakdown
Class A1 Misdemeanor Sentencing
| Prior Record Level | Jail Time Range | Fine Range | Typical Sentence |
|---|---|---|---|
| Level I | 0-30 days | $100-500 | Probation + community service |
| Level II | 30-90 days | $500-1,500 | Jail time + probation |
| Level III | 90-150 days | $1,500-2,500 | Maximum jail + fine |
Class 1 Misdemeanor Sentencing
| Prior Record Level | Jail Time Range | Fine Range | Typical Sentence |
|---|---|---|---|
| Level I | 0-20 days | $50-300 | Probation + community service |
| Level II | 20-60 days | $300-700 | Jail time + probation |
| Level III | 60-120 days | $700-1,000 | Significant jail + fine |
Class 2 Misdemeanor Sentencing
| Prior Record Level | Jail Time Range | Fine Range | Typical Sentence |
|---|---|---|---|
| Level I | 0-10 days | $25-200 | Probation + community service |
| Level II | 10-30 days | $200-500 | Short jail + probation |
| Level III | 30-60 days | $500-1,000 | Jail time + fine |
Class 3 Misdemeanor Sentencing
| Prior Record Level | Jail Time Range | Fine Range | Typical Sentence |
|---|---|---|---|
| Level I | 0-5 days | $10-100 | Probation + community service |
| Level II | 5-15 days | $100-150 | Short jail + probation |
| Level III | 15-20 days | $150-200 | Jail time + fine |
Fine Structure
Fine Calculation
Fines are determined by:
- Base fine amount for the offense class
- Prior record level adjustments
- Ability to pay considerations
- Judge discretion for Class A1 and Class 1 misdemeanors
Fine Limits by Class
Under N.C.G.S. §15A-1340.23(b):
- Class A1: No statutory limit — determined by judge discretion. Typical range: up to $5,000
- Class 1: No statutory limit — determined by judge discretion. Typical range: up to $2,500
- Class 2: Maximum fine of $1,000
- Class 3: Maximum fine of $200
The statute provides that "unless otherwise provided for a specific offense, the court may impose a fine in any amount in its discretion. However, if a specific statute sets a maximum fine for that offense, that limit applies instead."
- Victim impact factors
Fine Payment Options
- Lump sum payment: Full amount due immediately
- Payment plan: Monthly installments over time
- Community service: Work off fines through service
- Work release: Earn money to pay fines while incarcerated
Expungement Eligibility
Waiting Periods
All misdemeanor classes have the same expungement waiting period:
- 3 years from conviction or sentence completion
- No new arrests during waiting period
- All fines paid before eligibility
For detailed information about the expungement process, eligibility requirements, and filing procedures, see our How to Get a Misdemeanor Expunged in North Carolina guide.
Expungement Timeline
| Offense Class | Waiting Period | Typical Timeline |
|---|---|---|
| Class A1 | 3 years | 3-5 years total |
| Class 1 | 3 years | 3-4 years total |
| Class 2 | 3 years | 3-4 years total |
| Class 3 | 3 years | 3-4 years total |
Factors Affecting Sentencing
Aggravating Factors (Increase Sentence)
- Prior criminal history (especially similar offenses)
- Use of weapons during commission
- Vulnerable victims (children, elderly, disabled)
- Significant harm to victim
- Offense committed while on probation/parole
- Leadership role in criminal activity
Mitigating Factors (Decrease Sentence)
- First-time offender status
- Genuine remorse and acceptance of responsibility
- Cooperation with law enforcement
- Mental health issues with treatment commitment
- Minimal harm to victim
- Strong community support
Frequently Asked Questions
What determines misdemeanor sentencing in North Carolina?
Sentencing depends on offense class and prior record level under the Structured Sentencing Act. Judges consider the specific circumstances of each case within these guidelines.
Where can I find the official chart?
The chart is defined in G.S. 15A-1340.23 and published by the North Carolina Judicial Branch. You can access it through the North Carolina Courts website.
Can I get a reduced sentence?
Yes, through plea negotiations, mitigating factors, or alternative sentencing programs. An experienced criminal defense attorney can help identify options for sentence reduction.
How does prior record level affect sentencing?
Higher prior record levels result in increased jail time and fines. Level I offenders typically receive probation, while Level III offenders face maximum penalties.
Related Legal Calculators
Use these free North Carolina legal calculators to estimate your specific sentencing outcomes based on the chart above:
- North Carolina Misdemeanor Sentencing Calculator - Interactive tool to estimate sentencing ranges for all misdemeanor classes
- Class A1 Misdemeanor Calculator - Calculate penalties for serious offenses like assault on a female
- Class 1 Misdemeanor Calculator - Estimate jail time and fines for Class 1 offenses
- Class 2 Misdemeanor Calculator - Review sentencing for Class 2 misdemeanors
- Class 3 Misdemeanor Calculator - Calculate penalties for minor offenses
Conclusion
North Carolina's misdemeanor sentencing system provides a structured approach to criminal penalties while allowing for judicial discretion based on individual circumstances. Understanding the sentencing chart helps defendants, attorneys, and families prepare for potential outcomes and plan for the future.
If you're facing misdemeanor charges, consult with an experienced North Carolina criminal defense attorney who can explain how the sentencing guidelines apply to your specific case and help you understand your options for defense and potential sentence reduction.
Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. Every case is unique, and outcomes depend on specific circumstances. Consult with a qualified North Carolina criminal defense attorney for advice specific to your situation.