Charlotte Misdemeanor Lawyer

Experienced Misdemeanor Attorney in Charlotte, NC

Being charged with a misdemeanor in Charlotte can have lasting consequences on your life, including jail time, fines, probation, and a permanent criminal record. Whether you have been accused of simple assault, shoplifting, drug possession, or another offense, it is important to take these charges seriously and work with a Charlotte misdemeanor lawyer who can build a powerful defense.

The Law Office of Kevin L. Barnett: Work With an Experienced Criminal Defense Lawyer

With over 30 years of experience, The Law Office of Kevin L. Barnett has helped countless clients achieve reduced charges and penalties in misdemeanor cases. Attorney Kevin L. Barnett has received the highest peer review rating for attorneys through Martindale-Hubbell, AV Preeminent. However, awards and recognitions are not guarantees of future results. Selection criteria vary by organization.

Other Charlotte Legal Cases We Handle Include

• Arson
• Assault
• Burglary
• Criminal Defense
• Criminal Mischief
• Disorderly Conduct
• Domestic Violence Criminal Charges

Understanding Misdemeanor Cases in Charlotte

Although misdemeanors are less serious than felonies, they are still criminal offenses that carry lasting consequences. In North Carolina, misdemeanor laws cover offenses such as:

• Shoplifting
• Drug possession
• Trespassing
• Reckless driving
• Simple assault
• Sexual battery

In Charlotte, the overall crime rate is 37.53 per 1,000 residents, with many crimes being misdemeanors. Of all cases filed with North Carolina Courts, 10.6% are non-traffic-related misdemeanors, while only 7.1% of cases are felonies.

Misdemeanor cases in Charlotte are heard at the Mecklenburg County Courthouse at 832 East Fourth Street. Here, you have the opportunity to present a defense against your charges, which can help you minimize or avoid North Carolina’s harsh misdemeanor penalties.

How Misdemeanor Cases Are Classified

North Carolina misdemeanor laws classify misdemeanor offenses into four categories based on the seriousness of the offense. Understanding these classifications is important, as each level of offense comes with different potential penalties. Furthermore, the classification of your offense impacts whether you can pursue reduced charges.

The four classifications include:

• Class A1 misdemeanors. Class A1 misdemeanors involve the most severe misdemeanor offenses and often result in jail time. However, this class of offense is the least common misdemeanor offense, accounting for only 8% of misdemeanor convictions in North Carolina.
• Class 1 misdemeanors. Class 1 misdemeanors are less severe than Class A1 offenses, but can still have severe penalties, including jail time. Examples include possessing drug paraphernalia or larceny involving property worth less than $1,000.
• Class 2 misdemeanors. Class 2 misdemeanors involve offenses such as reckless driving and disorderly conduct.
• Class 3 misdemeanors. Class 3 misdemeanors are the less severe misdemeanor charges, including offenses such as driving with a revoked license or first-time shoplifting. Many class 3 offenders are able to avoid imprisonment, instead receiving penalties such as probation and fines.

No matter what class misdemeanor you have been charged with, it is important to hire a misdemeanor lawyer to help you build a strong defense. Any misdemeanor offense has the potential to result in severe consequences, such as jail time, fines, probation, community service, educational programs, and a permanent criminal record.

Why You Should Hire a Misdemeanor Lawyer As Soon As Possible After an Arrest

Early legal guidance is essential when it comes to protecting your rights and developing a strategy to pursue dismissed or reduced charges. Working with a Charlotte misdemeanor attorney early in your case allows them to:

• Gather and review evidence before court dates
• Identify unlawful police conduct during your arrest and throughout the investigation process
• Interview witnesses while their memory of the event is fresh
• Negotiate with prosecutors before trial
• Prepare a strong defense strategy

Law enforcement begins gathering evidence early, such as by recording your personal statements or searching your property. It is important to work with a Charlotte misdemeanor lawyer as soon as possible so they can prevent law enforcement from unnecessarily gaining evidence against you.

If you are arrested, avoid discussing the offense with police officers, answering questions related to the offense, or consenting to searches, even if you believe you can clear up a misunderstanding or that doing so cannot harm your case. Instead, request to contact an attorney and then remain silent. A lawyer can advise you on what to do to protect your rights.

FAQs

Can a First-Time Misdemeanor Be Dismissed in North Carolina?

Yes, a first-time misdemeanor may be dismissed in North Carolina. Dismissal is not possible in all cases. However, through a strong defense strategy or weaknesses in the prosecution’s evidence, charges can be dropped. Additionally, many first-time offenders qualify for dismissal through a pre-trial diversion program, which often involves counseling, community service, or drug and alcohol treatment. Upon completing this program, a case is dropped.

What Is Considered a Serious Misdemeanor in North Carolina?

Class A1 misdemeanors are generally considered the most serious misdemeanor offenses. This category includes offenses such as assault with a deadly weapon, sexual battery, or child abuse. Under North Carolina’s misdemeanor laws, it is possible for many Class A1 misdemeanors to be elevated to a felony charge, depending on the facts of the case.

Does a Misdemeanor Go on Your Permanent Criminal Record?

Yes, a misdemeanor conviction is visible on your permanent criminal record. This means it is visible during a background check, which has the potential to impact your housing options, employment, professional licenses, educational opportunities, and personal relationships. Your criminal record is generally permanent, though certain offenses may eventually be expunged.

What Happens After a Misdemeanor Arrest?

Immediately after an arrest for a misdemeanor offense, you can be taken to a county jail or police department for booking. This involves filing a police report and recording your personal information, photographs, and fingerprints. Law enforcement may also question you about the case or attempt to search your property, though you have the right to remain silent and wait for your attorney. Then, you may be held in custody or released as you await your first court hearing.

Speak With an Experienced Charlotte Misdemeanor Attorney About Your Case

North Carolina’s misdemeanor penalties can be harsh. Fortunately, you do have the opportunity to defend against your charges to reduce or avoid these penalties. A lawyer can help you build a defense strategy that pursues a positive outcome. Contact The Law Office of Kevin L. Barnett to set up a confidential case consultation with a skilled defense attorney.

Huntersville Criminal Defense Law Resources

• What Crimes Have No Statute of Limitations in North Carolina?
• What Is the Strongest Type of Defense to a Criminal Charge?
• What Is the Most Common Criminal Defense in North Carolina?
• Will Pending Criminal Charges Show Up on My Background Check?
• What Is the Standard of Proof in a Criminal Case?

The Law Office of Kevin L. Barnett – Charlotte Office

130 North McDowell Street
Suite C
Charlotte, NC 28204

Call: 704-850-9188