WHAT EACH CHARGE CARRIES
21 charges people actually meet, each with the section it comes from, what it requires the state to show, and the most it can carry. North Carolina sorts a misdemeanor into Class A1, 1, 2 or 3 and a felony into Classes A to I, and the range for a class depends on prior convictions, so each misdemeanor level here names the top of its range.
21 charges
Larceny, and possessing stolen goods
CLASS 1 to CLASS H · up to Set by the felony sentencing grid, not carried here
Also searched as stealing, theft, took something, stolen goods
Taking another's goods, or receiving or possessing goods knowing or with reasonable grounds to believe they were stolen.
| Class | Up to | When |
|---|---|---|
| CLASS 1Class 1 misdemeanor | Up to 120 days, by prior convictionsIn the court's discretion fine | WhenWorth $1,000 or less |
| CLASS HClass H felony | Set by the felony sentencing grid, not carried hereSet by the felony sentencing grid, not carried here fine | WhenWorth more than $1,000, or from the person, whatever the value |
Concealing merchandise
CLASS 3 to CLASS 1 · up to Up to 120 days, by prior convictions
Also searched as shoplifting, stealing from a store, price tag switching
Willfully concealing a store's unpurchased goods while still on the premises, or switching a price tag or product code to a lower price and presenting the goods to buy.
| Class | Up to | When |
|---|---|---|
| CLASS 3Class 3 misdemeanor | Up to 20 days, by prior convictions; a fine only with no more than three$200 fine | WhenA first conviction, with imprisonment suspended only on at least 24 hours of community service |
| CLASS 2Class 2 misdemeanor | Up to 60 days, by prior convictions$1,000 fine | WhenA second within three years |
| CLASS 1Class 1 misdemeanor | Up to 120 days, by prior convictionsIn the court's discretion fine | WhenA third within five years of two others |
A merchant who detains a person reasonably, for a reasonable time, with probable cause, is not civilly liable for the detention, and makes a reasonable effort to notify the parent of a minor under 18.
Possession of a controlled substance
CLASS 3 to CLASS H · up to Set by the felony sentencing grid, not carried here
Also searched as drug possession, marijuana possession, weed, fentanyl
Possessing a controlled substance, graded by its schedule and amount.
| Class | Up to | When |
|---|---|---|
| CLASS 3Class 3 misdemeanor | Up to 20 days, by prior convictions; a fine only with no more than three$200 fine | WhenMarijuana, one-half of an ounce or less, with any sentence of imprisonment suspended |
| CLASS 2Class 2 misdemeanor | Up to 60 days, by prior convictions$1,000 fine | WhenSchedule V |
| CLASS 1Class 1 misdemeanor | Up to 120 days, by prior convictionsIn the court's discretion fine | WhenMarijuana over one-half of an ounce, or Schedule II, III or IV |
| CLASS IClass I felony | Set by the felony sentencing grid, not carried hereSet by the felony sentencing grid, not carried here fine | WhenMarijuana over one and one-half ounces, Schedule I, or Schedule II to IV above one hundred dosage units, or methamphetamine, amphetamine, phencyclidine or cocaine |
| CLASS HClass H felony | Set by the felony sentencing grid, not carried hereSet by the felony sentencing grid, not carried here fine | WhenFentanyl or carfentanil |
A person with no earlier felony or drug conviction is placed on probation without a judgment of guilt, with their consent, and completing it means dismissal, which is not a conviction.
Possession of drug paraphernalia
CLASS 3 to CLASS 1 · up to Up to 120 days, by prior convictions
Also searched as paraphernalia, pipe, needle
Possessing paraphernalia for use with a controlled substance.
| Class | Up to | When |
|---|---|---|
| CLASS 3Class 3 misdemeanor | Up to 20 days, by prior convictions; a fine only with no more than three$200 fine | WhenFor marijuana |
| CLASS 1Class 1 misdemeanor | Up to 120 days, by prior convictionsIn the court's discretion fine | WhenFor any other controlled substance |
A person who tells the officer before a search about a needle or other sharp object is not charged with paraphernalia for it.
Disorderly conduct
CLASS 2 to CLASS H · up to Set by the felony sentencing grid, not carried here
Also searched as disturbing the peace, fighting, disrupting a funeral, disrupting school
A public disturbance intentionally caused by fighting or violence, or by words or gestures intended and plainly likely to provoke violent retaliation, among the other acts the section lists.
| Class | Up to | When |
|---|---|---|
| CLASS 2Class 2 misdemeanor | Up to 60 days, by prior convictions$1,000 fine | WhenWillful disorderly conduct |
| CLASS 1Class 1 misdemeanor | Up to 120 days, by prior convictionsIn the court's discretion fine | WhenDisrupting a funeral or memorial service, a first offense |
| CLASS IClass I felony | Set by the felony sentencing grid, not carried hereSet by the felony sentencing grid, not carried here fine | WhenDisrupting a funeral or memorial service, a second offense |
| CLASS HClass H felony | Set by the felony sentencing grid, not carried hereSet by the felony sentencing grid, not carried here fine | WhenDisrupting a funeral or memorial service, after that |
Resisting, delaying or obstructing an officer
CLASS 2 to CLASS F · up to Set by the felony sentencing grid, not carried here
Also searched as resisting arrest, RDO, obstructing
Willfully and unlawfully resisting, delaying or obstructing a public officer discharging or attempting to discharge an official duty.
| Class | Up to | When |
|---|---|---|
| CLASS 2Class 2 misdemeanor | Up to 60 days, by prior convictions$1,000 fine | WhenNo injury to the officer |
| CLASS IClass I felony | Set by the felony sentencing grid, not carried hereSet by the felony sentencing grid, not carried here fine | WhenThe proximate cause of the officer's serious injury |
| CLASS FClass F felony | Set by the felony sentencing grid, not carried hereSet by the felony sentencing grid, not carried here fine | WhenThe proximate cause of the officer's serious bodily injury |
Speeding to elude arrest
CLASS 1 to CLASS H · up to Set by the felony sentencing grid, not carried here
Also searched as fleeing, car chase, did not pull over, eluding
Driving on a street, highway or public vehicular area while fleeing or trying to elude an officer in the lawful performance of duty.
| Class | Up to | When |
|---|---|---|
| CLASS 1Class 1 misdemeanor | Up to 120 days, by prior convictionsIn the court's discretion fine | WhenThe ordinary case |
| CLASS HClass H felony | Set by the felony sentencing grid, not carried hereSet by the felony sentencing grid, not carried here fine | WhenWith two or more aggravating factors, such as speeding more than 15 miles per hour over the limit, reckless driving, or a child under 12 in the vehicle |
A driver refusing to give a name and address
CLASS 2 · up to Up to 60 days, by prior convictions
Also searched as refusing to identify, false name, false address
A driver, or the person in charge of a vehicle, refusing a uniformed officer's request for a name and address, the owner's name and address, or the license, or giving a false name or address.
| Class | Up to | When |
|---|---|---|
| CLASS 2Class 2 misdemeanor | Up to 60 days, by prior convictions$1,000 fine | WhenThe ordinary case |
Carrying a concealed weapon
CLASS 2 to CLASS H · up to Set by the felony sentencing grid, not carried here
Also searched as concealed carry without a permit, gun in the car, CCW
Willfully and intentionally carrying a concealed pistol or gun, except on one's own premises or under a concealed handgun permit within its scope.
| Class | Up to | When |
|---|---|---|
| CLASS 2Class 2 misdemeanor | Up to 60 days, by prior convictions$1,000 fine | WhenA first offense |
| CLASS HClass H felony | Set by the felony sentencing grid, not carried hereSet by the felony sentencing grid, not carried here fine | WhenA second or later offense |
Carrying a concealed handgun with alcohol in the body
CLASS 1 · up to Up to 120 days, by prior convictions
Also searched as carrying while drinking, gun and alcohol
Carrying a concealed handgun while consuming alcohol, or with any alcohol remaining in the body, away from one's own property.
| Class | Up to | When |
|---|---|---|
| CLASS 1Class 1 misdemeanor | Up to 120 days, by prior convictionsIn the court's discretion fine | WhenA permit holder |
A permit holder carrying past a posted notice commits an infraction with a fine of up to $500.
Interception of communications
CLASS H · up to Set by the felony sentencing grid, not carried here
Also searched as wiretapping, secret recording, recording a call
Willfully intercepting a wire, oral or electronic communication without the consent of at least one party, or disclosing or using one known to have been unlawfully intercepted.
| Class | Up to | When |
|---|---|---|
| CLASS HClass H felony | Set by the felony sentencing grid, not carried hereSet by the felony sentencing grid, not carried here fine | WhenThe ordinary case |
A person taking part in a conversation is a party to it.
Failing to stop after a crash
CLASS 1 to CLASS F · up to Set by the felony sentencing grid, not carried here
Also searched as hit and run, leaving the scene, drove off after a crash
Willfully failing to stop and stay at the scene of a crash the driver knows or reasonably should know happened.
| Class | Up to | When |
|---|---|---|
| CLASS 1Class 1 misdemeanor | Up to 120 days, by prior convictionsIn the court's discretion fine | WhenOnly property damage |
| CLASS HClass H felony | Set by the felony sentencing grid, not carried hereSet by the felony sentencing grid, not carried here fine | WhenInjury |
| CLASS FClass F felony | Set by the felony sentencing grid, not carried hereSet by the felony sentencing grid, not carried here fine | WhenSerious bodily injury or death |
Driving with an open container after drinking
CLASS 3 to CLASS 2 · up to Up to 60 days, by prior convictions
Also searched as open container, drinking and driving, open beer
Driving with an opened alcoholic beverage in the passenger area while drinking or with alcohol remaining in the body.
| Class | Up to | When |
|---|---|---|
| CLASS 3Class 3 misdemeanor | Up to 20 days, by prior convictions; a fine only with no more than three$200 fine | WhenA first offense |
| CLASS 2Class 2 misdemeanor | Up to 60 days, by prior convictions$1,000 fine | WhenAfter that |
Possessing or drinking an opened beverage in the passenger area is separately an infraction, charged only to the person possessing or drinking it.
Intoxicated and disruptive in public
CLASS 3 · up to Up to 20 days, by prior convictions; a fine only with no more than three
Also searched as drunk in public, public intoxication, drunk and disorderly
Being intoxicated in a public place and disruptive in one of the ways the section lists, such as blocking traffic, fighting, or rudely insulting others.
| Class | Up to | When |
|---|---|---|
| CLASS 3Class 3 misdemeanor | Up to 20 days, by prior convictions; a fine only with no more than three$200 fine | WhenThe ordinary case |
Alcoholism is a defense, and the judge considers it even when the defendant does not raise it.
Reckless driving
CLASS 2 to CLASS A1 · up to Up to 150 days, by prior convictions
Also searched as careless and heedless, bad driving
Driving carelessly and heedlessly in willful or wanton disregard of others' rights or safety, or without due caution at a speed or in a manner likely to endanger anyone.
| Class | Up to | When |
|---|---|---|
| CLASS 2Class 2 misdemeanor | Up to 60 days, by prior convictions$1,000 fine | WhenAs defined |
| CLASS 1Class 1 misdemeanor | Up to 120 days, by prior convictionsIn the court's discretion fine | WhenCausing serious injury |
| CLASS A1Class A1 misdemeanor | Up to 150 days, by prior convictionsIn the court's discretion fine | WhenCausing serious bodily injury |
Driving while license revoked
CLASS 3 to CLASS 1 · up to Up to 120 days, by prior convictions
Also searched as driving on a revoked license, DWLR, suspended license
Driving on the highways while one's license is revoked.
| Class | Up to | When |
|---|---|---|
| CLASS 3Class 3 misdemeanor | Up to 20 days, by prior convictions; a fine only with no more than three$200 fine | WhenThe ordinary case |
| CLASS 1Class 1 misdemeanor | Up to 120 days, by prior convictionsIn the court's discretion fine | WhenThe revocation was an impaired driving revocation |
After an impaired driving revocation, a conviction revokes the license for another year on a first offense.
Underage purchase, possession or consumption
CLASS 3 to CLASS 2 · up to Up to 60 days, by prior convictions
Also searched as underage drinking, MIP, minor in possession
A person less than 21 years old buying, attempting to buy or possessing alcohol, or consuming any alcoholic beverage.
| Class | Up to | When |
|---|---|---|
| CLASS 3Class 3 misdemeanor | Up to 20 days, by prior convictions; a fine only with no more than three$200 fine | WhenA 19 or 20 year old who buys or possesses beer or unfortified wine, or drinks |
| CLASS 2Class 2 misdemeanor | Up to 60 days, by prior convictions$1,000 fine | WhenAn underage person who helps another violate the section |
First and second degree trespass
CLASS 3 to CLASS 2 · up to Up to 60 days, by prior convictions
Also searched as trespassing, refused to leave, posted land
Entering or remaining without authorization in another's building or secured premises, after being told not to, on posted premises, or on a home's curtilage at night.
| Class | Up to | When |
|---|---|---|
| CLASS 3Class 3 misdemeanor | Up to 20 days, by prior convictions; a fine only with no more than three$200 fine | WhenSecond degree: after being told not to enter or to leave, or on posted premises |
| CLASS 2Class 2 misdemeanor | Up to 60 days, by prior convictions$1,000 fine | WhenSecond degree: the curtilage of another's home between midnight and 6:00 A.M. |
| CLASS 2Class 2 misdemeanor | Up to 60 days, by prior convictions$1,000 fine | WhenFirst degree: a building, or premises enclosed or secured to keep intruders out |
Simple and aggravated misdemeanor assault
CLASS 2 to CLASS A1 · up to Up to 150 days, by prior convictions
Also searched as assault, simple assault, assault on a female, affray
A simple assault, a simple assault and battery, or taking part in a simple affray, raised by the circumstances the section lists.
| Class | Up to | When |
|---|---|---|
| CLASS 2Class 2 misdemeanor | Up to 60 days, by prior convictions$1,000 fine | WhenSimple assault, assault and battery, or affray |
| CLASS 1Class 1 misdemeanor | Up to 120 days, by prior convictionsIn the court's discretion fine | WhenOn a sports official at an event, or an identifiable utility or communications worker on duty |
| CLASS A1Class A1 misdemeanor | Up to 150 days, by prior convictionsIn the court's discretion fine | WhenInflicting serious injury, using a deadly weapon, or against a government officer or employee on duty, among the others listed |
Stalking
CLASS A1 to CLASS F · up to Set by the felony sentencing grid, not carried here
Also searched as following someone, repeated messages, course of conduct
Willfully harassing someone on more than one occasion, or a course of conduct aimed at them without legal purpose, knowing it would cause a reasonable person to fear for their safety or suffer substantial emotional distress.
| Class | Up to | When |
|---|---|---|
| CLASS A1Class A1 misdemeanor | Up to 150 days, by prior convictionsIn the court's discretion fine | WhenA first offense |
| CLASS HClass H felony | Set by the felony sentencing grid, not carried hereSet by the felony sentencing grid, not carried here fine | WhenWhile a court order prohibiting the conduct is in effect |
| CLASS FClass F felony | Set by the felony sentencing grid, not carried hereSet by the felony sentencing grid, not carried here fine | WhenAfter an earlier stalking conviction |
Harassing phone calls
CLASS 2 · up to Up to 60 days, by prior convictions
Also searched as harassing calls, threatening calls, harassing texts
Profane or indecent language in a call, threatening bodily harm by phone, calling repeatedly to harass, or knowingly false statements about a death, injury or crime to harass.
| Class | Up to | When |
|---|---|---|
| CLASS 2Class 2 misdemeanor | Up to 60 days, by prior convictions$1,000 fine | WhenThe ordinary case |
Every class on this page, for reference
Misdemeanor ranges run from 1 day up to the figure shown, which applies with five or more prior convictions. Felony ranges come from a grid this guide does not carry.
- CLASS 3Class 3 misdemeanorUp to 20 days, by prior convictions; a fine only with no more than three$200
- CLASS 2Class 2 misdemeanorUp to 60 days, by prior convictions$1,000
- CLASS 1Class 1 misdemeanorUp to 120 days, by prior convictionsIn the court's discretion
- CLASS A1Class A1 misdemeanorUp to 150 days, by prior convictionsIn the court's discretion
- CLASS IClass I felonySet by the felony sentencing grid, not carried hereSet by the felony sentencing grid, not carried here
- CLASS HClass H felonySet by the felony sentencing grid, not carried hereSet by the felony sentencing grid, not carried here
- CLASS FClass F felonySet by the felony sentencing grid, not carried hereSet by the felony sentencing grid, not carried here
Words on a charging document
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
14 words
- ArrestComplete when the person submits to an officer who has indicated an intention to arrest, or when the officer takes the person into custody by physical force; the officer then says it is an arrest and why, unless the cause is evident.
- Class A1 misdemeanorThe highest misdemeanor class. An assault becomes one when it inflicts serious injury, uses a deadly weapon, is by a male at least 18 on a female, or is against a child under 12, among the other cases listed.
- Concealment of merchandiseWillfully concealing a store's unpurchased goods while still on the premises, a misdemeanor; goods found concealed on the person are evidence of willful concealment.
- Conditional dischargeProbation without a judgment of guilt for a person with no earlier felony or drug conviction found guilty of misdemeanor possession, paraphernalia possession, or felony possession; completing it means discharge and dismissal.
- Course of conductTwo or more acts of following, monitoring, observing, surveilling, threatening or communicating to or about a person, or interfering with their property, which stalking is built on.
- Disorderly conductA public disturbance intentionally caused by fighting or violence, or by words, gestures or abusive language intended and plainly likely to provoke violent retaliation, a Class 2 misdemeanor.
- Fleeing to eludeDriving while fleeing or trying to elude an officer in the lawful performance of duty, a Class 1 misdemeanor, and a Class H felony with two or more aggravating factors present.
- HazingSubjecting a student to physical or serious psychological injury as part of an initiation into, or a prerequisite to membership in, an organized school group, including a society, athletic team, fraternity or sorority.
- LarcenyTheft, a Class 1 misdemeanor where the goods are worth $1,000 or less, and a Class H felony above that or when taken from the person, whatever the value.
- Nonviolent offenseAny offense except, among others, a Class A through G felony or a Class A1 misdemeanor, an offense with assault as an element, or one requiring sex offender registration; nonviolent convictions can be expunged after the waiting periods the section sets.
- Pretrial releaseRelease before trial on at least one of the conditions the statute lists: an unsecured appearance bond, custody of a supervising person, a secured bond, or house arrest with a secured bond.
- Resisting, delaying or obstructingWillfully and unlawfully resisting, delaying or obstructing a public officer discharging or attempting to discharge an official duty, a Class 2 misdemeanor when the officer is not injured.
- Second degree trespassEntering or remaining without authorization after being told not to enter or to leave, or on premises posted against entry in a way reasonably likely to be noticed, a Class 3 misdemeanor.
- Speeding more than 15 overDriving on a highway more than 15 miles per hour over the limit, or over 80 miles per hour, a Class 3 misdemeanor.
About this guide — maximums, not predictions. What a specific case carries turns on priors, the facts, and the court, and only a licensed North Carolina attorney can tell you what yours is. Current as of September 2026.