North Carolina § 15A-1340 - 23. Punishment limits for each class of offense and prior conviction level.

§ 15A-1340. 23. Punishment limits for each class of offense and prior conviction level.

Offense Classification; Default Classifications. - The offense classification is as specified in the offense for which the sentence is being imposed. If the offense is a misdemeanor for which there is no classification, it is as classified in G.S. 14-3. Fines. - Any judgment that includes a sentence of imprisonment may also include a fine. Additionally, when the defendant is other than an individual, the judgment may consist of a fine only. If a community punishment is authorized, the judgment may consist of a fine only. Unless otherwise provided for a specific offense, the maximum fine that may be imposed is two hundred dollars ($200.00) for a Class 3 misdemeanor and one thousand dollars ($1,000) for a Class 2 misdemeanor. The amount of the fine for a Class 1 misdemeanor and a Class A1 misdemeanor is in the discretion of the court. Punishment for Each Class of Offense and Prior Conviction Level; Punishment Chart Described. - Unless otherwise provided for a specific offense, the authorized punishment for each class of offense and prior conviction level is as specified in the chart below. Prior conviction levels are indicated by the Roman numerals placed horizontally on the top of the chart. Classes of offenses are indicated by the Arabic numbers placed vertically on the left side of the chart. Each grid on the chart contains the following components: A sentence disposition or dispositions: "C" indicates that a community punishment is authorized; "I" indicates that an intermediate punishment is authorized; and "A" indicates that an active punishment is authorized; and A range of durations for the sentence of imprisonment: any sentence within the duration specified is permitted. Fine Only for Certain Class 3 Misdemeanors. - Unless otherwise provided for a specific offense, the judgment for a person convicted of a Class 3 misdemeanor who has no more than three prior convictions shall consist only of a fine. PRIOR CONVICTION LEVELS MISDEMEANOR OFFENSE LEVEL I LEVEL II LEVEL III CLASS ------------------------------------------------------- No Prior One to Four Prior Five or More Convictions Convictions Prior Convictions A1 1-60 days C/I/A 1-75 days C/I/A 1-150 days C/I/A 1 1-45 days C 1-45 days C/I/A 1-120 days C/I/A 2 1-30 days C 1-45 days C/I 1-60 days C/I/A 3 1-10 days C 1-15 days C 1-20 days C/I/A. if one to three prior convictions 1-15 days C/I if four prior convictions History (1993, c. 538, s. 1; 1994, Ex. Sess., c. 24, s. 14(b); 1995, c. 507, s. 19.5(g); 2013-360, s. 18B.13(a).) Local Modification. - Burke: 2021-102, s. 2(a); Lee: 1999-301, s. 4; McDowell: 2021-102, s. 2(a); Moore: 1999-301, s. 6.1(d); Pitt: 2002-142, s. 6; Robeson: 2004-52, s. 2; Rutherford: 1999-301, s. 4. Effect of Amendments. - Session Laws 2013-360, s. 18B.13(a), effective December 1, 2013, in the "Level II" column in the punishment chart in subsection (c), added "1-15 days C if one to three prior convictions" and "if four prior convictions"; and added subsection (d). For applicability, see Editor's note. Legal Periodicals. - For comment, "Lots of Squeeze, Little (or No) Juice: North Carolina's Habitual Misdemeanor Larceny Statute, a Law Where Results Do Not Justify Costs," see 97 N.C.L. Rev. 432 (2019).