Section 15A-1340.23 - Punishment limits for each class of offense and prior conviction level(a) 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.(b) 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.(c) 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: (1) 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(2) A range of durations for the sentence of imprisonment: any sentence within the duration specified is permitted. MISDEMEANOR OFFENSE CLASS | PRIOR CONVICTION LEVELS |
LEVEL I No Prior Convictions | LEVEL II One to Four Prior Convictions | LEVEL III Five or More 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 | | 1-20 days C/I/A. |
| | 1-15 days C if one to three prior convictions 1-15 days C/I if four prior convictions |
(d) 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.N.C. Gen. Stat. § 15A-1340.23
Amended by 2013 N.C. Sess. Laws 360,s. 18B.13-a, eff. 12/1/2013. 1993, c. 538, s. 1; 1994, Ex. Sess., c. 24, s. 14(b); 1995, c. 507, s. 19.5 (g) .