Structured Sentencing Training and Reference Manual Example Misdemeanor Exercises

  • Example #1
  • Example #2
  • Example #3
  • Example #4
  • Example #5

EXAMPLE MISDEMEANOR EXERCISES

Each exercise presents a brief hypothetical case (misdemeanor class and prior criminal record). A list of questions follows. The answers to the questions and additional commentary are shown after entering the correct answer. Assume that all crimes were committed on or after December 1, 2021.

Misdemeanor Punishment Chart
Prior Conviction Level

EXAMPLE #1
OFFENSE: Carrying a concealed weapon
 G.S. No.: 14-269      F/M: Misdemeanor    Class: 2
 
PRIOR RECORD
Prior Offense: Illegally parking in a handicapped parking space
 Conviction Date: 2016    F/M: Infraction      Current Class: -
Prior Offense: Failure to stop at stop sign
 Conviction Date: 2018    F/M: Infraction      Current Class: -

Answer: Level I

Commentary: Prior infractions do not count in determining the prior conviction level; therefore, this offender has no prior convictions and falls into Prior Conviction Level I.

2. Can an active sentence be imposed?

Answer: No. However, if the offender has spent time in confinement awaiting trial, the judge may impose an active punishment.

Commentary: The only authorized disposition is a community punishment “C”. An active punishment could be imposed only if the offender spent time in confinement awaiting trial and the sentence is equal to or less than that time.

3. Can an intermediate punishment be imposed?

Answer: No

Commentary: The only authorized disposition is a community punishment “C”.

Answer: 30 days

Commentary: The suspended sentence was 30 days. Therefore, upon revocation of probation, the longest active sentence which could be imposed is 30 days.

Answer: 30 days

Commentary: The court may hold the offender in contempt of court for willfully failing to comply with a condition of probation and may confine the offender for up to 30 days.

Example Answers