Benitez Family Law

Will I Goto Jail?

For most first-time misdemeanor charges, no. But the real answer depends on three factors: the class of the charge, your record, and what happens in court.


How North Carolina classifies misdemeanors

  • Class A1: maximum 150 days. Examples: assault on a female, 50B order violation
  • Class 1: maximum 120 days. Examples: communicating threats, paraphernalia, DWLR after a DWI
  • Class 2: maximum 60 days. Examples: simple assault, reckless driving
  • Class 3: maximum 20 days. Examples: no operator’s license, marijuana possession (half an ounce or less)

With a low prior record level, most Class 2 and 3 sentences do not include active jail. In Classes A1 and 1, jail is possible but often replaced by probation, community service, or programs.


Felonies are sentenced from a grid

Every felony has a class (A through I) and every person has a prior record level (I through VI). The combination produces a range of months. A first charge in the lowest classes (H and I) often ends in probation. Indecent liberties with a minor is Class F and carries an active sentence more often.


DWI has its own system

Six levels, from A1 to 5. Level 5, the most common for a first charge without aggravating factors, can be satisfied with 24 hours in jail or community service. See the DWI page for the full table.


What reduces the risk of jail

  • Early preparation: assessments, classes, or treatment before sentencing.
  • A clean record.
  • A defense that reduces the charge to a lower class or gets it dismissed.
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