Some misdemeanors to become infractions

Nov. 29--LENOIR -- If you get caught fishing without a license, you will no longer be branded a criminal and take time away from work to appear in court, thanks to a reclassification of misdemeanor offenses beginning Dec. 1.

The General Assembly this year changed some Class 2 misdemeanors to Class 3, and some Class 3 misdemeanors to infractions. Fishing without a license, now a Class 3 misdemeanor, will be an infraction, which carries a maximum of $100.

One reason for the change is that prosecuting misdemeanors such as fishing without a license requires the state to pay for court-appointed lawyers at $55 an hour for indigent defendants, and takes up valuable court and prosecutors' time, said Thomas Maher, executive director of the N.C. Office of Indigent Services.

But unless a person has four or more prior convictions, the punishment for most Class 3 misdemeanors is just a fine anyway.

The punishments for infractions versus misdemeanors also will change, and the General Assembly has enacted a new fine-only punishment for certain Class 3 misdemeanors, said Sharon Gladwell, spokesperson for the N.C. Administrative Office of the Courts. Currently, a conviction on any misdemeanor could result in a suspended prison sentence. Beginning Dec. 1, the punishment for some misdemeanors will be just a $200 maximum fine.

District Attorney Jay Gaither said the changes will free prosecutors to devote more time to serious cases.

"Our hope is that these legislative changes will streamline the criminal court process and expedite these cases through our courts," he said.

Downgraded misdemeanors, as of Dec. 1:

--Obtaining property for worthless check

--Simple worthless check

--Failure to return hired property

--Conversion by bailee, lessee, etc.

--Failure to return rental property

--Driving while license revoked (except it remains Class 1 misdemeanor if originally revoked for impaired driving)

--Failure to obtain driver's license before driving a motor vehicle

--Failure to comply with driver's license restrictions

--Permitting person's motor vehicle to be operated by unlicensed person

--Driving vehicle on highway, or knowingly permitting vehicle to be driven on highway, when it's not registered with DMV or no current registration plate displayed

--Applying tinting to vehicle's window not meeting window tinting restrictions

--Speeding either more than 15 mph or more than speed limit, or over 80 mph

--Registered motor vehicle owner operating or permitting vehicle to be operated without insurance

Misdemeanors downgraded to infractions, as of Dec. 1:

--Failing to possess a valid driver's license while driving a motor vehicle

--Operating a motor vehicle with expired license

--Failing to notify DMV of address change for driver's license

--Violation of rule governing navigational lighting adopted by Wildlife Resources Commission

--Violations concerning skin and scuba divers

--Vessel livery that fails to provide basic safety instruction

--No-wake speed violation

--Violation of Article 1, G.S. Chapt. 75A, except as otherwise provided

--Failing to carry registration card in vehicle

--Failing to sign vehicle registration card

--Failing to notify DMV of address change for vehicle registration card

--Fishing without a license under G.S. 113-174.1(a) and G.S. 113-270.1B(a)

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