Attorney J. Bradley Smith answering the question: “What is the difference between a misdemeanor and a felony?”
A range of new laws went into effect earlier this month, some that stiffen penalties and others that actually reduce jail time for some offenses. The new laws, which were implemented on December 1st, are estimated to save the state over $2 million per year thanks to the reduction in police resources normally spent on jailing individuals and paying for court appointed attorneys.
In North Carolina, misdemeanors are classified as Class One, Class Two or Class Three, with three being the least serious offense. Under the newly implemented laws, many Class Two offenses will now be changed to Class Three offenses and will able to be dealt with by simply paying a fine. By paying the fine, offenders can avoid the prospect of jail time and will no longer need to use a court appointed attorney to handle the matter.
Examples of some misdemeanors that changed from Class Two to Class Three include obtaining property by worthless check, driving while license is revoked, failure to notify DMV of address change, applying too much tinting to a vehicle’s windows or driving more than 15 miles per hour over the speed limit.
Beyond this reduction in severity, other misdemeanors have now been reduced to infractions. These include things like operating a vehicle with an expired license, failure to sign vehicle registration card and fishing without a license (yep, that used to be a misdemeanor crime).
Charlotte Criminal Lawyer Blog










Police with CMPD say they were assisted by officers at UNCC. The checkpoint took place on Runnymede Lane near Michael Baker Place, close to Myers Park High School. According to a spokesperson, the checkpoint resulted in a total of 48 charges, 21 of which were for driving while intoxicated (DWI). Three of the charges concerned driving with a revoked license, eight were for driving without a license, two were for open container and 14 were for more minor traffic violations such as out of date tags.
A spokesperson for ALE said that the raid was the result of a six-month investigation conducted by various law enforcement agencies after local authorities received complaints about a range of illegal activities taking place at The Ranch, a local nightclub. Agents who participated in the raid say they discovered employees who sold illegal drugs to patrons, others that engaged in prostitution and other sexual offenses and still others who broke state alcohol control laws.
Authorities say that the two suspects walked off with a large supply of drugs from the CVS located on Blocking Rock Road. Though they are currently on the loose, security footage from inside the store gave investigators a glimpse at their faces as well as an idea of the car the two are driving.
The first point made by the editorial board is that when criminal investigations are run cheaply it can mean unsolved or even undetected crimes. Every year cases go unsolved and still others go unnoticed by law enforcement officials. Though unsolved crime is certainly a problem, the real worry is that underfunded criminal investigations lead to accusations against innocent people, sometimes even convictions for those who never did anything wrong. The problem is a serious one with a recent investigation revealing that North Carolina seriously underfunds its criminal investigations. In fact, a recent study said that the state spends about 3/5th as much as the national average on its investigations, a glaring problem.
So far police have not released the boy’s name, but say that he faces criminal charges after supposedly dropping his infant brother on his head repeatedly until he died. The case began this past weekend when police were called to a home in Charlotte, NC where they discovered a seven-month-old boy unresponsive. The child was rushed to Carolinas Medical Center, where he was pronounced dead.
Prosecutors say that Joseph Anthony Mitchell decided to reject a plea deal that he had been offered late last week and instead pled not guilty to one count of first-degree murder and two counts of attempted first-degree murder. After his rejection of the plea deal, his case will now move forward to a full criminal trial, which is currently scheduled for March. Prosecutors have revealed that they will not seek the death penalty in the case.
An official with the Rock Hill Police Department says that 76 warrants have been taken out against Paul Fuller and Travis Alston, all related to burglaries committed in the area. The warrants are voluminous and include everything from second-degree burglary, criminal conspiracy, grand larceny and, unusually, safe cracking.
Authorities say that Cuthrell, minister of music at Gospel Shepherd Baptist Church, poured oil and gasoline across his rental home and set it on fire to avoid pressing financial obligations. At his sentencing, Cuthrell spoke out saying he was ashamed and embarrassed about his behavior, claiming that it was the most irrational decision of his life.
Police officials say the current sweep focused in on 22 people and was designed to reduce violent crime in the surrounding areas. Police officers in Charlotte worked in conjunction with federal agents to nab the suspected criminals, beginning their undercover operation earlier in the summer. Authorities say they targeted individuals who were selling drugs or that were known to possess or sell weapons.