I was charged with a Class 2 Misdemeanor; Will I go to Jail?

Class 2 Misdemeanor NC

Class 2 Misdemeanor NC

Most offenders who are charged with a Class 2 Misdemeanor do not receive any jail time as part of their sentence. In North Carolina, misdemeanors are broken down into four different classes with the lowest class being a Class 3 Misdemeanor and the highest class being a Class A1 Misdemeanor.

Examples of Class 2 Misdemeanors that our office handles include:

  • Carrying Concealed Weapons (first offense)

  • Cyber- Bullying, Defendant under 18

  • Cyberstalking

  • Defrauding Innkeeper

  • Disorderly Conduct

  • Driving after Consuming

  • Failure to Appear on a Misdemeanor

  • Failure to Report an Accident

  • Failure to Yield to Emergency Vehicle

  • False Report to Police

  • Financial Card Fraud

  • First-Degree Trespass

  • Furnishing False Information to Officer

  • Harassing Phone Calls

  • Indecent Exposure

  • Injury to Personal Property, $200 or Less

  • Marine/Wildlife Violations, Second/Subsequent Offense

  • Possession of Schedule V Controlled Substance

  • Racing/Speed Competition

  • Reckless Driving to Endanger

  • Resisting Officers

  • Shoplifting Concealment of Merchandise, Second Offense in 3 years

  • Simple Assault/Assault and Battery/Affray

  • Standing/Sitting/Lying on Highway 

What are the consequences for a Class 2 Misdemeanor?

The consequences for a Class 2 Misdemeanor depend on your record level. If you have one prior criminal conviction, you are considered a record level I. If you have between one and four prior criminal convictions, you are considered a record level II. If you have five or more prior criminal convictions, you are considered a record level III.

Offenders who are a record level I may not be sentenced to any jail time. In fact, generally, first time offenders who are considered record level I for sentencing purposes will also qualify for a dismissal as part of a deferred prosecution. Depending on the type of charge, you may qualify for the First Offender’s program which involves completing 75 hours of community service for a dismissal. Or, you may qualify for the 90/96 program which involves completing substance abuse treatment.

Offenders who are record level II may not be sentenced to jail, but may be sentenced to probation, community service or simply asked to pay a fine.

Offenders who are a record level III may be sentenced to up to 60 days in jail at the judge’s discretion, or may be sentenced to probation, community service or simply asked to pay a fine.

Contact The Law Offices of Wiley Nickel, PLLC

An experienced attorney can best help you avoid a harsh sentence and work with the prosecutor to get a deal on your behalf. At The Law Offices of Wiley Nickel, our first goal is always to seek a dismissal of the charges. If the charges are dismissed, we can then help you get the charge removed from your record through the expungement process. Give attorneys Kristi Haddock, Melissa Botiglione, or Wiley Nickel a call at 919-650-2851 to discuss your options. We offer FREE consultations.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.