Furthermore, if you are an immigrant applying for residency status, your misdemeanor conviction will impact your application. Felonies impact important civil rights like voting or carrying a firearm. Under normal circumstances, misdemeanors do not usually deprive you of these rights.
However, you should check with the laws of your specific state to determine whether your type of misdemeanor under federal or state law has impacted these civil rights. Criminal law has serious legal and non-legal consequences,so it is in your best interests to consult with a criminal defense lawyer as soon as you are aware of any charges against you.
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Your attorney should be well-versed about the laws in your state, as well as any federal laws that may be applicable to the facts of your case. Michelle Shaw.
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Classes of Misdemeanors
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Misdemeanor Attorneys in Carteret County
Public assault, trespassing or theft is usually categorized under misdemeanor charges and the charges cannot be paid by mail — personal attendance or representation by an attorney in court is required for such cases. In case you have been charged with a misdemeanor, it is important to seek legal help as soon as possible so that the damage induced can be minimized and the situation does not affect your personal life or work in the long term.
Conviction for misdemeanor charges can range from hefty fines and jail time to counseling, public service or other service requirements as per defined by the court. Misdemeanor charges in North Carolina are divided into different subcategories, each varying on the basis of severity of the offense and fine.
These are the most severe of all misdemeanor charges and can sometimes result in large fines.
Class 1 Misdemeanor Charges
The jail time for these offenses can also range from up to 60 days to less than a year. The second class of misdemeanor charges also comes with hefty fines and jail time, though lesser than class 1A. The fines are considerably low for these charges, though the jail time may range from a month to 60 days depending upon the number of convictions. Offenses like trespassing, shoplifting and violation of city ordinance lie in this class and the convicted person may end up paying a hefty fine as well as face up to 20 days worth of jail time. There are strict laws that punish repeat offenders, so it is important that you know what punishment you could be facing in your particular criminal case.
North Carolina also has a less-common violent habitual felon law , which imposes a life sentence for a second violent felony. Generally, the consequences for a felony versus a misdemeanor are harsher, resulting in the loss of certain citizenship rights — including the right to vote and the right to hold public office.
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These rights can be restored once a prison sentence ends or probation is successfully completed. In addition, a person who is a convicted felon may never possess a firearm, or ammunition for a firearm, ever again. If the person does, they will be liable for up to 10 years in federal prison for possessing something as simple as a shotgun shell.
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