What punishments are permissible for a Class 3 misdemeanor?

If a defendant has three or fewer prior convictions, the court may impose a fine or, in the rare instance when a statute specifically authorizes it, a greater punishment. G.S. 15A-1340.23(d). In fine-only cases, the usual structured sentencing rules apply, capping the fine at $200 unless another statute provides for a greater fine. G.S. 15A-1340.23(b). Among the most commonly-charged Class 3 misdemeanors, only one statute (littering) allows a greater punishment.

If a defendant has four or more prior convictions, the court may impose the usual punishments under structured sentencing, including an active or suspended sentence of imprisonment to the extent permissible. The remainder of the discussion in this part concerns Class 3 misdemeanor cases when the defendant has three or fewer prior convictions.