A Class 3 Misdemeanor is the lowest level misdemeanor in North Carolina.
Only an infraction falls below a Class 3. If the police cited you for a Class 3, and you have never been convicted of anything in the past, you will not serve any jail time. However, you may be ordered to perform community service, take classes, or pay a fine.
If you have been convicted of a crime before, you still may not have to serve jail time for a Class 3 conviction — it depends on how many points you have on your record. For example, if you plead guilty to possession of marijuana and possession of marijuana paraphernalia on the same day, you have one point on your record. If you plead guilty to possession of marijuana on a Monday and plead guilty to possession of marijuana paraphernalia two days later, you have two points on your record. Once you have five or more points on your record, you may have to serve jail time for a Class 3 conviction.
Possession of less than a half-ounce of marijuana is a Class 3 misdemeanor.
Pursuant to G.S. 90-95, possessing less than a 1/2 oz. of marijuana does not carry jail time, especially if it is your first citation. Generally people are not arrested for small amounts of weed; they are simply cited and told when to appear in court.
You may be able to get your Class 3 misdemeanor dismissed and expunged.
There are multiple ways to have your charge dismissed. Some involve community service or going through a court-mandated program. Some involve negotiations with an assistant district attorney. You also have the option of trial, however realistically you should not go to trial without retaining an attorney. Contact me at hello@paigefeldmannlaw.com for more information and a free consultation.
If your Class 3 charge is dismissed, you can get it expunged if you have never been convicted of a felony. You may have to pay the Clerk of Court a $175 fee to expunge it. Consult a lawyer for more information.
You can use a PJC on a Class 3 guilty plea.
In most cases, you probably are better off saving the PJC for a traffic ticket. Talk to your lawyer to determine whether or not you should use a prayer for judgment continued.
Window tinting violations are Class 3 misdemeanors.
So is the sale of immature apples and failure to return books. Many Class 3 misdemeanors simply seem silly, and some seem quite serious. If you are charged, remember to breath and consult an attorney before you plea to anything. Paying a citation means you are pleading guilty and could carry unintended consequences such as job loss or professional license denial. Call me at 919-880-2124 to talk about your charge. I promise to honestly and frankly tell you what your options are.