What is a Class 1 misdemeanor in North Carolina?

In North Carolina, the jail range for a Class 1 misdemeanor is up to 120 days, depending on prior convictions, and the fine is set by the judge. Up to 45 days with no prior convictions or with one to four, and 120 days with five or more. With no prior convictions the chart allows only a community punishment.

What is a Class 2 misdemeanor in North Carolina?

In North Carolina, the jail range for a Class 2 misdemeanor is up to 60 days, depending on prior convictions, and the fine is up to $1,000. Up to 30 days with no prior convictions, 45 days with one to four, and 60 days with five or more. The fine limit applies unless the specific offense says otherwise.

What is a Class 3 misdemeanor in North Carolina?

In North Carolina, the jail range for a Class 3 misdemeanor is up to 20 days, depending on prior convictions, and the fine is up to $200. Unless the specific offense says otherwise, a person with no more than three prior convictions receives a fine only. The chart allows up to 10 days with no prior convictions, 15 days with one to four, and 20 days with five or more.

Is a DWI a felony in North Carolina?

Habitual impaired driving is a Class F felony. It applies to a person who drives while impaired and has three or more earlier impaired driving convictions within 10 years. The sentence includes at least 12 months of active imprisonment, which cannot be suspended. Felony death by vehicle while impaired is a Class D felony, and a repeat felony death by vehicle is a Class B2 felony. Felony serious injury by vehicle while impaired is a Class F felony, or a Class E felony if the person has a prior impaired driving conviction within seven years.

Charges and sentences

Felony and misdemeanor classes in North Carolina

North Carolina sorts felonies into ten classes (Class A is the most serious, then B1, B2, C, D, E, F, G, H and I) and misdemeanors into four classes (Class A1 is the most serious, then Classes 1, 2 and 3). For most felonies, the sentence range depends on both the class and the person's prior record level (I to VI), so each class has a range of sentences, not one number.¹

Checked October 29, 2026 against North Carolina's own statutes, then by a second reader. General information, not legal advice.

What makes it a felony: In North Carolina, a felony is a crime that was a felony at common law, can be punished by death, can be punished by imprisonment in the State's prison, or is called a felony by statute. Any other crime is a misdemeanor.¹
Felony theft starts at: More than $1,000How theft is graded
When a DWI is a felony: Habitual impaired driving is a Class F felony. It applies to a person who drives while impaired and has three or more earlier impaired driving convictions within 10 years. The sentence includes at least 12 months of active imprisonment, which cannot be suspended.²

Felony classes in North Carolina

From most to least serious: Class A, Class B1, Class B2, Class C, Class D, Class E, Class F, Class G, Class H, Class I. The sentence is the range the law allows; the judge picks within it.

Felony classes in North Carolina, with prison ranges and fines
Class	Prison	Fine	The law
Class A felony	Life with or without parole, or death, as set by the law for the offenseThe sentence is fixed by the statute for the specific offense, not by the sentencing chart.	Set by the judge	N.C. Gen. Stat. § 15A-1340.17(c)³
Class B1 felony	Usual minimum term of 192 to 483 months, depending on prior recordThe usual (presumptive) minimum is 192 to 240 months at prior record level I and 386 to 483 months at level VI. Mitigating factors can lower the minimum to as little as 144 months. Aggravating factors can raise it to as much as 456 months, or life without parole at levels V and VI. A separate table sets the maximum term. Active prison is required at every level.	Set by the judge	N.C. Gen. Stat. § 15A-1340.17(c)³
Class B2 felony	Usual minimum term of 125 to 314 months, depending on prior recordThe usual (presumptive) minimum is 125 to 157 months at prior record level I and 251 to 314 months at level VI. Mitigating factors can lower the minimum to as little as 94 months, and aggravating factors can raise it to as much as 393 months. A separate table sets the maximum term. Active prison is required at every level.	Set by the judge	N.C. Gen. Stat. § 15A-1340.17(c)³
Class C felony	Usual minimum term of 58 to 146 months, depending on prior recordThe usual (presumptive) minimum is 58 to 73 months at prior record level I and 117 to 146 months at level VI. Mitigating factors can lower the minimum to as little as 44 months, and aggravating factors can raise it to as much as 182 months. A separate table sets the maximum term. Active prison is required at every level.	Set by the judge	N.C. Gen. Stat. § 15A-1340.17(c)³
Class D felony	Usual minimum term of 51 to 128 months, depending on prior recordThe usual (presumptive) minimum is 51 to 64 months at prior record level I and 103 to 128 months at level VI. Mitigating factors can lower the minimum to as little as 38 months, and aggravating factors can raise it to as much as 160 months. A separate table sets the maximum term. Active prison is required at every level.	Set by the judge	N.C. Gen. Stat. § 15A-1340.17(c)³
Class E felony	Usual minimum term of 20 to 50 months, depending on prior recordThe usual (presumptive) minimum is 20 to 25 months at prior record level I and 40 to 50 months at level VI. Mitigating factors can lower the minimum to as little as 15 months, and aggravating factors can raise it to as much as 63 months. A separate table sets the maximum term. At levels I and II the chart allows an intermediate or active punishment. At levels III to VI it requires active prison.	Set by the judge	N.C. Gen. Stat. § 15A-1340.17(c)³
Class F felony	Usual minimum term of 13 to 33 months, depending on prior recordThe usual (presumptive) minimum is 13 to 16 months at prior record level I and 26 to 33 months at level VI. Mitigating factors can lower the minimum to as little as 10 months, and aggravating factors can raise it to as much as 41 months. A separate table sets the maximum term. At levels I to III the chart allows an intermediate or active punishment. At levels IV to VI it requires active prison.	Set by the judge	N.C. Gen. Stat. § 15A-1340.17(c)³
Class G felony	Usual minimum term of 10 to 25 months, depending on prior recordThe usual (presumptive) minimum is 10 to 13 months at prior record level I and 20 to 25 months at level VI. Mitigating factors can lower the minimum to as little as 8 months, and aggravating factors can raise it to as much as 31 months. A separate table sets the maximum term. At levels I to IV the chart allows an intermediate or active punishment. At levels V and VI it requires active prison.	Set by the judge	N.C. Gen. Stat. § 15A-1340.17(c)³
Class H felony	Usual minimum term of 5 to 20 months, depending on prior recordThe usual (presumptive) minimum is 5 to 6 months at prior record level I and 16 to 20 months at level VI. Mitigating factors can lower the minimum to as little as 4 months, and aggravating factors can raise it to as much as 25 months. A separate table sets the maximum term. At level I the chart allows a community, intermediate or active punishment. At levels II to V it allows an intermediate or active punishment. At level VI it requires active prison.	Set by the judge	N.C. Gen. Stat. § 15A-1340.17(c)³
Class I felony	Usual minimum term of 4 to 10 months, depending on prior recordThe usual (presumptive) minimum is 4 to 6 months at prior record level I and 8 to 10 months at level VI. Mitigating factors can lower the minimum to as little as 3 months, and aggravating factors can raise it to as much as 12 months. A separate table sets the maximum term. At level I the chart allows only a community punishment. At level II it allows a community or intermediate punishment, and at level III only an intermediate punishment. At levels IV to VI it allows an intermediate or active punishment. A felony with no assigned class is a Class I felony.	Set by the judge	N.C. Gen. Stat. § 15A-1340.17(a), (c)³

Misdemeanor classes in North Carolina

Misdemeanor classes in North Carolina, with jail ranges and fines
Class	Jail	Fine	The law
Class A1 misdemeanor	Up to 150 days, depending on prior convictionsUp to 60 days with no prior convictions, 75 days with one to four, and 150 days with five or more. Community, intermediate or active punishment is allowed at every level.	Set by the judge	N.C. Gen. Stat. § 15A-1340.23(b), (c)⁶
Class 1 misdemeanor	Up to 120 days, depending on prior convictionsUp to 45 days with no prior convictions or with one to four, and 120 days with five or more. With no prior convictions the chart allows only a community punishment.	Set by the judge	N.C. Gen. Stat. § 15A-1340.23(b), (c)⁶
Class 2 misdemeanor	Up to 60 days, depending on prior convictionsUp to 30 days with no prior convictions, 45 days with one to four, and 60 days with five or more. The fine limit applies unless the specific offense says otherwise.	Up to $1,000	N.C. Gen. Stat. § 15A-1340.23(b), (c)⁶
Class 3 misdemeanor	Up to 20 days, depending on prior convictionsUnless the specific offense says otherwise, a person with no more than three prior convictions receives a fine only. The chart allows up to 10 days with no prior convictions, 15 days with one to four, and 20 days with five or more.	Up to $200	N.C. Gen. Stat. § 15A-1340.23(b), (c), (d)⁶

Good to know

The felony chart has six prior record levels, from Level I (0 to 1 point) to Level VI (18 or more points). A higher level moves the sentence range up. For each minimum term on the chart, a table sets the matching maximum term. For example, a 5-month minimum for a Class F through I felony carries a 15-month maximum. Sentence ranges for specific offenses can differ.³

A felony with no class assigned by statute is a Class I felony.³

A misdemeanor with no class and no set punishment is punished as a Class 1 misdemeanor. A misdemeanor with a set punishment but no class is classed by its maximum term: more than six months is Class 1, more than 30 days up to six months is Class 2, and 30 days or less (or fine only) is Class 3.⁴

When theft is a felony in North Carolina

In North Carolina, larceny of goods worth more than $1,000 is a Class H felony, and so is receiving or possessing stolen goods worth more than $1,000. At $1,000 or less it is a Class 1 misdemeanor. Larceny is a felony at any value in some cases, such as theft from a person, theft of a firearm, or a fifth larceny offense after four earlier ones.⁵

N.C. Gen. Stat. § 14-72(a), (b) · Felony theft amounts in every state

DWI in North Carolina

The statute calls the offense impaired driving, and it is widely called driving while impaired (DWI). A regular impaired driving offense is a misdemeanor.

Repeat offenses: Habitual impaired driving is a Class F felony. It applies to a person who drives while impaired and has three or more earlier impaired driving convictions within 10 years. The sentence includes at least 12 months of active imprisonment, which cannot be suspended.
Which past offenses count: 10 years. The earlier convictions must fall within 10 years of the date of the new offense.
Other felony versions: Felony death by vehicle while impaired is a Class D felony, and a repeat felony death by vehicle is a Class B2 felony. Felony serious injury by vehicle while impaired is a Class F felony, or a Class E felony if the person has a prior impaired driving conviction within seven years.

N.C. Gen. Stat. §§ 20-138.1(d), 20-138.5, 20-141.4(b)² · Felony DUI rules in every state

After a conviction

Clearing or sealing a record in North Carolina: who qualifies, the wait and how to file.
Voting after a felony in North Carolina
How long a felony or misdemeanor stays on your record

Common questions

What is a felony in North Carolina?

In North Carolina, a felony is a crime that was a felony at common law, can be punished by death, can be punished by imprisonment in the State's prison, or is called a felony by statute. Any other crime is a misdemeanor.

What is a Class A felony in North Carolina?

In North Carolina, the prison range for a Class A felony is life with or without parole, or death, as set by the law for the offense, and the fine is set by the judge. The sentence is fixed by the statute for the specific offense, not by the sentencing chart.

What is a Class B1 felony in North Carolina?

In North Carolina, the prison range for a Class B1 felony is usual minimum term of 192 to 483 months, depending on prior record, and the fine is set by the judge. The usual (presumptive) minimum is 192 to 240 months at prior record level I and 386 to 483 months at level VI. Mitigating factors can lower the minimum to as little as 144 months. Aggravating factors can raise it to as much as 456 months, or life without parole at levels V and VI. A separate table sets the maximum term. Active prison is required at every level.

What is a Class B2 felony in North Carolina?

In North Carolina, the prison range for a Class B2 felony is usual minimum term of 125 to 314 months, depending on prior record, and the fine is set by the judge. The usual (presumptive) minimum is 125 to 157 months at prior record level I and 251 to 314 months at level VI. Mitigating factors can lower the minimum to as little as 94 months, and aggravating factors can raise it to as much as 393 months. A separate table sets the maximum term. Active prison is required at every level.

What is a Class C felony in North Carolina?

In North Carolina, the prison range for a Class C felony is usual minimum term of 58 to 146 months, depending on prior record, and the fine is set by the judge. The usual (presumptive) minimum is 58 to 73 months at prior record level I and 117 to 146 months at level VI. Mitigating factors can lower the minimum to as little as 44 months, and aggravating factors can raise it to as much as 182 months. A separate table sets the maximum term. Active prison is required at every level.

What is a Class D felony in North Carolina?

In North Carolina, the prison range for a Class D felony is usual minimum term of 51 to 128 months, depending on prior record, and the fine is set by the judge. The usual (presumptive) minimum is 51 to 64 months at prior record level I and 103 to 128 months at level VI. Mitigating factors can lower the minimum to as little as 38 months, and aggravating factors can raise it to as much as 160 months. A separate table sets the maximum term. Active prison is required at every level.

What is a Class E felony in North Carolina?

In North Carolina, the prison range for a Class E felony is usual minimum term of 20 to 50 months, depending on prior record, and the fine is set by the judge. The usual (presumptive) minimum is 20 to 25 months at prior record level I and 40 to 50 months at level VI. Mitigating factors can lower the minimum to as little as 15 months, and aggravating factors can raise it to as much as 63 months. A separate table sets the maximum term. At levels I and II the chart allows an intermediate or active punishment. At levels III to VI it requires active prison.

What is a Class F felony in North Carolina?

In North Carolina, the prison range for a Class F felony is usual minimum term of 13 to 33 months, depending on prior record, and the fine is set by the judge. The usual (presumptive) minimum is 13 to 16 months at prior record level I and 26 to 33 months at level VI. Mitigating factors can lower the minimum to as little as 10 months, and aggravating factors can raise it to as much as 41 months. A separate table sets the maximum term. At levels I to III the chart allows an intermediate or active punishment. At levels IV to VI it requires active prison.

What is a Class G felony in North Carolina?

In North Carolina, the prison range for a Class G felony is usual minimum term of 10 to 25 months, depending on prior record, and the fine is set by the judge. The usual (presumptive) minimum is 10 to 13 months at prior record level I and 20 to 25 months at level VI. Mitigating factors can lower the minimum to as little as 8 months, and aggravating factors can raise it to as much as 31 months. A separate table sets the maximum term. At levels I to IV the chart allows an intermediate or active punishment. At levels V and VI it requires active prison.

What is a Class H felony in North Carolina?

In North Carolina, the prison range for a Class H felony is usual minimum term of 5 to 20 months, depending on prior record, and the fine is set by the judge. The usual (presumptive) minimum is 5 to 6 months at prior record level I and 16 to 20 months at level VI. Mitigating factors can lower the minimum to as little as 4 months, and aggravating factors can raise it to as much as 25 months. A separate table sets the maximum term. At level I the chart allows a community, intermediate or active punishment. At levels II to V it allows an intermediate or active punishment. At level VI it requires active prison.

What is a Class I felony in North Carolina?

In North Carolina, the prison range for a Class I felony is usual minimum term of 4 to 10 months, depending on prior record, and the fine is set by the judge. The usual (presumptive) minimum is 4 to 6 months at prior record level I and 8 to 10 months at level VI. Mitigating factors can lower the minimum to as little as 3 months, and aggravating factors can raise it to as much as 12 months. A separate table sets the maximum term. At level I the chart allows only a community punishment. At level II it allows a community or intermediate punishment, and at level III only an intermediate punishment. At levels IV to VI it allows an intermediate or active punishment. A felony with no assigned class is a Class I felony.

What is a Class A1 misdemeanor in North Carolina?

In North Carolina, the jail range for a Class A1 misdemeanor is up to 150 days, depending on prior convictions, and the fine is set by the judge. Up to 60 days with no prior convictions, 75 days with one to four, and 150 days with five or more. Community, intermediate or active punishment is allowed at every level.

These are the general ranges in North Carolina's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.

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Cite this page

Second Chance Index, "Felony and misdemeanor classes in North Carolina" https://secondchanceindex.com/felony-classes/north-carolina, checked October 29, 2026.

Sources

Each source was opened and checked on October 29, 2026.

N.C. Gen. Stat. § 14-1
N.C. Gen. Stat. §§ 20-138.1(d), 20-138.5, 20-141.4(b)
N.C. Gen. Stat. § 15A-1340.17(c), (d), (e)
N.C. Gen. Stat. § 14-3(a)
N.C. Gen. Stat. § 14-72(a), (b)
G.S. 15A-1340.23 Punishment limits for each class of offense and prior conviction levelNorth Carolina General Assembly
G.S. 20-138.1 Impaired drivingNorth Carolina General Assembly
G.S. 20-141.4 Felony and misdemeanor death by vehicle; felony serious injury by vehicle; aggravated offenses; repeat felony death by vehicleNorth Carolina General Assembly