N.C. Gen. Stat. » Chapter 14
NC General Statutes

N.C. Gen. Stat. § 14-1 (2026)

Felonies and misdemeanors defined

✓ current as of July 2026
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A felony is a crime which:

(1) Was a felony at common law;

(2) Is or may be punishable by death;

(3) Is or may be punishable by imprisonment in the State's prison; or

(4) Is denominated as a felony by statute.

Any other crime is a misdemeanor. (1891, c. 205, s. 1; Rev., s. 3291; C.S., s. 4171; 1967, c. 1251, s. 1.)

 

§ 14-1.1:  Repealed by Session Laws 1993, c.  538, s. 2.

 

§ 14-2:  Repealed by Session Laws 1993, c.  538, s. 2.1.

 

§ 14-2.1:  Repealed by Session Laws 1993, c.  538, s. 3.

 

§ 14-2.2: Repealed by Session Laws 2003-0378, s. 1, effective August 1, 2003.

 

Notes of Decisions
Cited in 31 cases (3 in the last 5 years), 1944–2025 · leading case: State v. Glidden, 346 S.E.2d 470 (N.C. 1986).
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State v. Glidden, 346 S.E.2d 470 (N.C. 1986). · cites it 13× “The offense described by the words of that statute is a misdemeanor by operation of N.C.G.S. § 14-1 (an offense is a misdemeanor unless (1) it was a felony at common law, (2) it is punishable by death, (3) it is punishable by imprisonment in the state prison, or (4) it is…”
State v. Jones, 588 S.E.2d 5 (N.C. Ct. App. 2003). · cites it 4× “” N.C. Gen. Stat. § 14-1 (2001). Defendant was, in fact, punished as a Class I felon and sen *66 tenced to five years in State prison.”
State v. Blakney, 577 S.E.2d 387 (N.C. Ct. App. 2003). · cites it 8× “At the time this case law developed, N.C. Gen. Stat. § 14-1 simply defined a felony as punishable by either death or imprisonment, leaving felonies difficult to distinguish from misdemeanors unless denominated as such in the indictment.”
Alford v. Shaw, 358 S.E.2d 323 (N.C. 1987). · cites it 4× “Robinson, North Carolina Corporate Law and Practice §§ 14-1, -2 (3d ed. 1983). In determining the proper role, if any, of special corporate litigation committees in the termination of derivative shareholders' actions, three basic approaches have been adopted by other…”
State v. Riley, 802 S.E.2d 494 (N.C. Ct. App. 2017). · cites it 2× “3 See N.C. Gen. Stat. § 14-1 (2015) (defining "felony" as "a crime which: [w]as a felony at common law; [i]s or may be punishable by death; [i]s or may be punishable by imprisonment in the State's prison; or [i]s denominated as a felony by statute"); see also N.”
State v. Reaves, 544 S.E.2d 253 (N.C. Ct. App. 2001). · cites it 3× “§ 5A-11 (1999). On the other hand, the General Assembly has confined provisions of our “penal law,” Blacks Law Dictionary 370, primarily to Chapter 14 of the General Statutes, see N.”
United States v. Jose Valdovinos, 760 F.3d 322 (4th Cir. 2014). · cites it 2× “See N.C. Gen. Stat. § 14-1 (4) 15 (defining felony as, inter alia, a crime “denominated as a felony by statute”).”
State v. Surles, 230 N.C. 272 (N.C. 1949). · cites it 7× “G.S. 14-1. *276 It is conceded that an attempt to commit burglary was a misdemeanor at common law.”
George v. Town of Edenton, 242 S.E.2d 877 (N.C. 1978). · cites it 2× “In view of the provision of Section 14-1 that an amendment may be initiated by the Council as well as by the property owner, the Council’s 8 July decision to consider changing the North Tract to CH constituted, within the meaning of this section, its own petition or application…”
Alford v. Shaw, 324 S.E.2d 878 (N.C. Ct. App. 1985). · cites it 2× “C. Gen. Stat. § 55-55 (1982). The North Carolina statute contains liberal provisions favoring, by contrast with laws of other jurisdictions, suits by minority shareholders.”
Alford v. Shaw, 349 S.E.2d 41 (N.C. 1986). · cites it 2× “It is therefore appropriate to begin by observing that our legislature has mandated that a shareholder's derivative action shall not be discontinued, dismissed, compromised or settled without the approval of the court. If the court shall determine that the interest of the…”
Kiser v. Kiser, 385 S.E.2d 487 (N.C. 1989). “76 , that as a result of article IV, section 1 of the Constitution of 1868 (now article IV, section 13 of the Constitution of 1971), the right to trial by jury established by article I, section 19 (now article I, section 25) would apply to all civil cases where the cause of…”
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— N.C. Gen. Stat. § 14-1(4) — 1 case
United States v. Jose Valdovinos, 760 F.3d 322 (4th Cir. 2014). “See N.C. Gen. Stat. § 14-1 (4) 15 (defining felony as, inter alia, a crime “denominated as a felony by statute”).”
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