We handle Wake County criminal cases and can be reached at 919-585-1486 (by phone or text) for a free consultation. Instead, the sanction is a fine. G.S. However, it is a Class 3 Misdemeanor to operate a motor vehicle either greater than 15 above the speed limit or greater than 80 miles per hour. Convictions for these crimes carry up to 1 month in jail and $500 in fines. Common crimes that fall within this classification include shoplifting, simple possession marijuana, which is less than 0.02 ounces, second-degree trespassing, and some city and county ordinance violations. The maximum punishments for misdemeanors are outlined by A.R.S. There are two types of revocation: a civil suspension at the time of arrest and a criminal suspension upon conviction. Speed over the applicable limit (including a … Previous Convictions [Mr.] Matheson didn’t give up on me! For example, if it was a sexual offense, you may still remain on the sex offenders register. Unlawfully Passing an Emergency Vehicle in Charlotte, NC 20-157. Most of these tickets are infractions. A conviction for a speeding ticket can affect both your insurance and your license. *Class 2 Misdemeanor: A maximum penalty of sixty days in jail and a $1,000 fine. Unlike those types of crimes, however, a Class C misdemeanor also is punishable by short … A repeat offender faces a class A misdemeanor, as does a first-time offender who inflicts substantial bodily harm on another. In court he took care of everything and had a lot of options for me. Class 1 Misdemeanor Penalties in Arizona. § 15A-1340.23 (2019).) Process: Your case is deferred for ONE year, substance abuse assessment and treatment recommendations (15 hour minimum), 50 hrs. *Class 2 Misdemeanor:  A maximum penalty of sixty days in jail and a $1,000 fine. Helped to make the whole process less worrisome and proceed smoothly. There are three categories of misdemeanor and they are Class 1, Class 2 and Class 3. Thanks to Matheson Law Office my record is clean! – S.B., North Carolina. Intoxicated and Disruptive in Public. For a first offense, the punishment for a Class 3 misdemeanor in Arizona is up to one year of unsupervised probation, up to a $500 fine plus surcharge and up to 30 days of jail time. A Class 3 misdemeanor in North Carolina is the least serious type of misdemeanor and carries a maximum penalty of twenty days in jail and a $200 fine. Reckless Driving Threshold: none. Reasons You Should Not Try to Get Your Traffic Ticket Reduced Online. This law firm was great to work with. As you noticed, the max fine for a Class 3 misdemeanor is $200. If the offense is a misdemeanor for which there is no classification, it is as classified in G.S. Class 3 Misdemeanor. Finally, with revocation off the table, there is the question of what probation response options are permissible for a Class 3 misdemeanor conviction. i was harassed for six months by phone and texts. In North Carolina, misdemeanors are broken down into four different classes with the lowest class being a Class 3 Misdemeanor and the highest class being a Class A1 Misdemeanor. Class 1 misdemeanor: up to 120 days in jail; Class 2 misdemeanor: up to 60 days in jail; Class 3 misdemeanor: up to 20 days in jail *A person cannot face jail time for a Class 3 or Class 2 misdemeanor unless they are a prior record level 3. Most of these tickets are infractions. I called them and they took my case without even having to go there. Class 2 misdemeanor carries a maximum penalty of 60 days in jail and a $1,000 fine. This would be a new deferral agreement for a term of one year. Apparently … • 20 were Class 1 or 2 Misdemeanors that are now Class 3 • 1 was already a Class 3 and was not changed • 1 was a Class 2 and was not changed • 9 extremely minor offenses are now infractions • 6 Ch. But before we get into how the process works, let’s examine the types of punishment that an offender could face if they receive a Misdemeanor charge. Community service in addition to or in place of the fine is at the judge’s discretion. (j1) A person who drives a vehicle on a highway at a speed that is either more than 15 miles per hour more than the speed limit established by law for the highway where the offense occurred or over 80 miles per hour is guilty of a Class 3 misdemeanor (Going 15 mph over a posted speed limit is easy to do if you are not paying close attention to posted speed limits on the road. dega2010 July 17, 2010 The length of revocations issued by DMV can also vary. Highly recommend. At Goolsby Law Firm, we handle all types of traffic tickets and driving offenses, including: Speeding Ticket (15 Over) (NCGS §20-141) If you were driving 15 miles per hour more than the speed limit, or over 80 mph, then you will be charged with a Class 3 misdemeanor. Class 2 Misdemeanor NC. How are Misdemeanor Traffic Offenses Classified? The sentences a person could face … Beginning with offenses committed on or after December 1, 2013, the basic rule is that a court may not impose a punishment other than a fine for a Class 3 misdemeanor if the defendant has three or fewer convictions and no other statute authorizes a greater punishment. i would like to know if a person is convicted of a Class C misdemeanor and lives in ny and me in conn is the law different? Was going with rest of … However, you can face misdemeanor charges for speeding. Criminal speeding in Arizona is a Class 3 misdemeanor that categorizes a speeding violation as a criminal offense (Arizona Revised Statutes 28-701.02).The chart below illustrates where criminal or excessive speed falls on the scale of violations and criminal offenses in Arizona: Generally the goal for class 3 misdemeanors is a dismissal and then an expungement. Will I go to Jail for my First Misdemeanor? Class 3 misdemeanors are generally only punishable by a fine. For most speeding offenses, you cannot be jailed. Punishment limits for each class of offense and prior conviction level. Any questions [I] had they were there to answer. anon113254 September 23, 2010 . Speeding below the posted speed limit . The Tarheel State will offer programs that upon completion, give the defendant a chance of dismissal upon successful completion of a recommended program from the District Attorney’s office as long as they are able to complete all requirements of that program. *Class 2 Misdemeanor: A maximum penalty of sixty days in jail and a $1,000 fine. Most offenders who are charged with a Class 2 Misdemeanor do not receive any jail time as part of their sentence. Class A1 misdemeanors include offenses such as assault with a deadly weapon, assault inflicting serious injury, assault on a female or a government employee, violation of a restraining order, and sexual battery. First Time Misdemeanor Offense By George Khoury, Esq. Most traffic and speeding offenses in North Carolina are infractions and not considered a crime. They did everything they could to help me out with my court case. Call us today at (980) 207-3355 or fill out our contact form for a prompt response from a member of our legal team. Only offered for those who are 21 yrs. This could result in you having a permanent criminal record that may impact your career, housing, and more throughout your life. The main difference is that an infraction cannot … Speeding in excess of 55mph is 3 points on your license. There are three levels of misdemeanors: the most severe misdemeanor is a class 1, while the least severe is a class 3. This is the least serious type of misdemeanor offense. 7A-148) Applies To Offenses Committed On Or After December 1, 2019 A. The penalties for a Class U misdemeanor could be more serious than a Class 3 or 4 one and can involve jail time. Speeding more than 15 MPH over the speed limit is a class 3 misdemeanor in North Carolina. Class 3 is for the least severe misdemeanors in North Carolina. This relief is available if the person committed the offense at age 19 or 20, which is a Class 3 misdemeanor, or if the person committed the offense when under age 19, a Class 1 misdemeanor. He wasn’t intentionally speeding. You'll lose your license at 12 points. A Class 3 misdemeanor, the least serious type of misdemeanor, carries a maximum penalty of twenty days in jail and a $200 fine. While the name misdemeanor may seem minor, this type of offense can adversely impact an individual’s employment and other … First Offender in NC? 4. Speeding over 80 MPH is a class 3 misdemeanor. [Mr.] Matheson did a great job defending me and getting me the outcome I deserved. Class 3 misdemeanors include offenses such as simple possession of marijuana, concealment of goods, and city code violations. . 15A-1340.23(d). A person could be charged with a Class 4 misdemeanor for public intoxication or possession of a Class VI controlled substance. The good news is that both cases will be dismissed together if the client is successful in completion. Class 3 Misdemeanor. If you are charged with a Class 3 Misdemeanor in North Carolina contact The Law Offices of Wiley Nickel, PLLC for a free consultation. Speeding to elude arrest, under subsection (b) of NC Motor Vehicle Law 20-141.5 authorizes criminal prosecution as a Class H felony if two or more aggravating factors are part of the Fleeing to Elude Arrest. A speeding ticket is typically an infraction. I will definitely recommend his services to others. *Class A1 Misdemeanor: The most serious type of misdemeanor offenses, carries a maximum of 150 days in jail and a discretionary fine. The closing of many courts is unprecedented and should not cause you additional stress. Se Habla Español, Falamos Português. * DISCLAIMER - I understand that the use of this form does not create an attorney/client relationship. Unless otherwise provided for a specific offense, the maximum fine that may be imposed is two hundred dollars ($200.00) for a Class 3 misdemeanor and one thousand dollars ($1,000) for a Class 2 misdemeanor. -M.M. These offenses do not carry jail time. A standard first offense is a class 2 misdemeanor and carries up to 30 days in jail and a maximum $1,000 in fines. We are ready to help you with your legal matters -- in person, on the phone, through email, or using other technology when necessary. Many traffic violations can be kept from impacting your driving record through a form of probation called court supervision. He didn’t try to scare me into hiring him with the ‘worst case scenario’. court date tomorrow at 11. clean record. First, any driver who is stopped on suspicion of DWI and refuses to submit to a breath testo… Out of these three categories, Class 1 misdemeanor is the most serious one and Class 3 misdemeanor is the least serious. Class 3 misdemeanors include simple possession of marijuana, concealing goods in a store and city code violations. So it’s a class 3 misdemeanor from what I’ve read. Class 2 Misdemeanor. Class 2 (such as carrying a gun without a permit): 1 to 60 days of active, intermediate, or community punishment; Class 3 (first offense shoplifting, for instance): 1 to 20 days of days of active, intermediate, or community punishment (N.C. Gen. Stat. (a) Offense Classification; Default Classifications. I especially like the professional and individualized attention that I received. First time offenders on charges such as marijuana possession, underage alcohol possession, shoplifting, larceny, and trespassing may be afforded the opportunity to earn adismissal of the charge upon successful completion of a substance abuse class or community service. Class 2 misdemeanors include offenses such as simple assault, disorderly conduct, resisting a police office, … There are different types of Reckless Driving. 1. Call Anytime, Day Or Night This type of DWLR was recently decriminalized and is now classified as a Class 3 Misdemeanor in North Carolina. -S.H.M.K. – K.L., North Carolina, Most professional law office in Raleigh. According to the statutes, the maximum penalties for a class 1 misdemeanor include up to six months in jail. Some states, however, do not classify misdemeanors. Whichever is offered, the defendant will need to pay $250.00 in program fees and $180 court costs. It is a violation of North Carolina law to drive on interstate and highway roads at less than 40 mph on a road with a posted 55 mph speed limit or less than 45 mph on a road with a speed limit of 60 mph or greater. At Browning & Long, PLLC, we are experienced in helping clients handle their speeding ticket violations and work hard to achieve the best possible outcome. - The offense classification is as specified in the offense for which the sentence is being imposed. Under NCGS §20-141(j1), if you drive more than 15 mph over the limit or you drive more than 80 mph, you will be charged with a class 3 misdemeanor. The same section states that “[u]nless otherwise provided for a specific offense, the judgment for a person convicted of a Class 3 misdemeanor who has no more than three prior convictions shall consist only of a fine.” Fines for Class 3 misdemeanors generally may not exceed $200. Additionally, this statute has two criminal provisions for speeding, which read as follows: “A person who drives a vehicle on a highway at a speed that is either more than 15 miles per hour more than the speed limit established by law for the highway where the offense occurred or over 80 miles per hour is guilty of a Class 3 misdemeanor.” 919-335-5291 These crimes are less severe than other types of misdemeanors but are more serious than petty offenses and ordinance violations, such as speeding, minor littering, jaywalking or playing music too loudly. The maximum punishment for this offense is 20 days in jail, but this type of sentence is rare. Although excessive speeding may seem like a minor violation compared to DUI or other crimes, it’s still considered a criminal offense.. Read below to learn more about the criminal speeding laws in Arizona, and what you can do if you’re facing excessive speeding charges in our state. My stress was reduced because he had everything under control. There are a number of speeding ticket violations that you could be charged with. For example, shoplifting might be a class C misdemeanor in a particular state, carrying a possible sentence of up to three months in jail and a fine of $1,000. This can be a very scary and stressful time for for first time offenders and especially when they hear the terms, “Misdemeanor” or “Maximum Penalty of 150 days in jail.”  However, one of the things that we really convey to worried parents, who call on behalf of their son or daughter, is that North Carolina is a state that likes to look out for first time offenders. *Class 3 Misdemeanor: A maximum penalty of twenty days in jail and a $200.00 fine. This is the least serious type of misdemeanor offense. Class 2 misdemeanors include offenses such as simple assault, disorderly conduct, resisting a police office, and carrying a concealed weapon. Many Class 3 misdemeanors will only be punishable by a fine. § 13-707. Speeding in excess of 55mph is 3 points on your license. (j1) A person who drives a vehicle on a highway at a speed that is either more than 15 miles per hour more than the speed limit established by law for the highway where the offense occurred or over 80 miles per hour is guilty of a Class 3 misdemeanor. The maximum punishment for this offense is 20 days in jail, but this type of sentence is rare. To get your misdemeanor expunged, the first thing to do is check that you’ve complied with all the local laws and the requirements set forth by the local court system. According to guidelines posted by the Wake County District Attorney’s office of North Carolina: 1st Offender Diversion Drug/Alcohol (Level 1). *Class 1 Misdemeanor: A maximum penalty of 120 days in jail and a discretionary fine. (Otherwise known as Prenuptial Agreements or prenups). We are up to date on the status of all courts and how they are handling dockets during this unusual time. Class 2 Misdemeanor. I would recommend them to anyone. Misdemeanors are crimes that can be punished by up to one year in a county jail and a fine. However, you can face misdemeanor charges for speeding. If you kill someone while driving a car, you can be charged with vehicular manslaughter. However, some offenses such as Reckless Driving may have serious consequences, that upon conviction includes permanently showing on your criminal record. Speeding Violations: 1. Felony Traffic Crimes. Other types of Class C misdemeanor offenses include: Disorderly conduct This would not apply to Level 2 and does not apply for more than one charge. However, if traffic offense is considered to be more serious, then the offense can lead to misdemeanor or even felony charges. Speeding in a work zone or school zone. How do I best defend this myself? You may not consider getting a speeding ticket in North Carolina a big deal. As far as speeding is concerned, a ny driving that is performed above the posted speed limit can result in a speeding ticket being issued. Class 3 and 4 misdemeanors are less serious offenses, and the penalties do not include jail time. A Class 3 misdemeanor is the least severe type of crime in Arizona, except for petty offenses. Common North Carolina Traffic Violations and Penalties, Traffic Violations and Drivers’ License Points, Fines that range from $10 to $250 or higher if you are convicted of a misdemeanor offense, Court costs of approximately $200 to $250, Insurance points and increased insurance costs. However, if you have a prior conviction for the same offense within the past two years, you will be sentenced under the guidelines for the next higher class of offense, Class 2 misdemeanors. Misdemeanor sentencing in NC is based on the seriousness of the offense as well as the defendant’s prior convictions. A class 3 misdemeanor NC is the least serious type but still carries penalties that may adversely affect an individual. However, speeding tickets come with serious consequences, such as high ticket fees, points on your driving record, insurance points, and increased insurance costs. This charge carries a penalty of up to 20 days jail time and a fine of $200. Because of these potential consequences, you need to hire an experienced speeding ticket attorney to help you build a strategy to have the charges dismissed or reduced to a lesser offense. The court might give a defendant misdemeanor probation for a first offense misdemeanor violation. However, here are some possible penalties: Even if you are guilty of speeding, you may be able to reduce the penalties and long-term consequences—such as a driver’s license suspension, permanent criminal record, and increased insurance costs—with the help of an experienced traffic law attorney. When Can You Be Charged With Aggressive Driving in Charlotte? So, as you can see, this law is written as a very strong deterrent against running from the police. In most instances, a DWLR Not Impaired Revocation can be dismissed if the accused fixes whatever issue initially revoked their driving privilege and they can be issued a new license. While many speeding tickets are infractions, a speeding ticket for driving over 15 mph over the posted speed limit or over 80 mph is a Class 3 misdemeanor. Obviously North Carolina takes misdemeanors very seriously. Felonies, the most serious types of offense, are crimes that can be punished by more than a year in jail. Class 3 misdemeanors include offenses such as simple possession of marijuana, concealment of goods, and city code violations. Convictions for these crimes carry up to 1 month in jail and $500 in fines.Judges can also impose up to 1 year of probation, as well as other penalties, like community service and restitution.There are also collateral consequences of a conviction. In addition, unless the speeding charged is speeding more than 25 miles per hour over the posted speed limit, a violation of G.S. The infraction of exceeding the maximum speed is a lesser included offense of the misdemeanor. 20 motor vehicle infractions (e.g., license not in possession) • 3 Ch. The legal process can be tricky and stressful for first time misdemeanor offenders in North Carolina. Common crimes that fall within this classification include shoplifting, simple possession marijuana, which is less than 0.02 ounces, second-degree trespassing, and some city and county ordinance violations. Everyone convicted of a misdemeanor offense in North Carolina is categorized into one of three prior … Process: New pending case is deferred for ONE year, the old deferral is to be continued to the new compliance date, there will be random drug screens- each costing $30.00, Substance Abuse Assessment and recommended treatment, and $250.00 program fee and court costs. – V.N., North Carolina. According to North Carolina General Statute §15A-1340.23, If this is your first misdemeanor charge, you will be considered a level I for sentencing purposes. These include the following: The cost of a speeding ticket will vary depending on where you receive the ticket. For points on your license, see the NC DMV Handbook, specifically chapter 3 ("Your Driving Privilege"). A speeding ticket is typically an infraction. Provides individual attention and maintains what’s in your best interest. There are also collateral consequences of a conviction. Other types of speeding violations are infractions. In cases of theft, the value of the property stolen determines the penalty. From the ease at which this becomes a felony, to the possible loss of your vehicle and license suspension for a minimum of a year, the consequences are severe. Depending on the circumstances, a speeding violation can lead to a “reckless driving” conviction. As you noticed, the max fine for a Class 3 misdemeanor is $200. 20-141 (j1) class 2 misdemeanor for speeding in north carolina. See G.S. Here are the sentences according to the North Carolina General Statute: *Class 3 Misdemeanor: A maximum penalty of twenty days in jail and a $200.00 fine. 1. A Class C misdemeanor conviction carries a punishment of a fine of up to $500. -L.O. Speeding 35 miles per hour or more over the limit is a Class A Misdemeanor, punishable by up to 365 days in jail and or up to a $2500 fine. Some instances of Class 3 offenses are: City and county code violations; Simple possession of marijuana; Concealing goods in a store/shoplifting For instance, domestic violence carries a class B misdemeanor penalty for a first-offense involving bodily harm. He made me feel comfortable, stayed in tune with my case, tried his hardest. Other moving and non-moving violations . Judges can also impose up to 1 year of probation, as well as other penalties, like community service and restitution. Class 3 is for the least severe misdemeanors in North Carolina. You'll lose your license at 12 points. North Carolina Sentencing and Policy Advisory Commission 2 A1 14-277.3A Stalking (first offense). In North Carolina, the primary administrative penalty DWI offenders face is license revocation. (14-444) Fishing Without a License (first offense). (14-2.4) ATTEMPT to commit an offense is classified as one class lower than the offense the person attempted to commit. Misdemeanors in North Carolina are placed into different classes, depending on the seriousness of the criminal offense, and range from a class 1A or class 1 misdemeanor NC to a class 3 misdemeanor NC. Call 980-207-3355 today to let the experienced attorneys at Browning & Long, PLLC help you with your case. north carolina resident. The maximum penalty for a Class 3 Misdemeanor conviction includes: Fine up to $500. of community service, random drug screens ($30), and $250.00 program fees and court costs. A Class 3 misdemeanor is the least severe type of crime in Arizona, except for petty offenses. Bri. No prior DRUG deferral program being used. Reckless driving is a serious NC traffic offense. (Statute requires supervised probation if a community punishment is imposed) (Was Class 2 - Effective 12/1/97) (Was Class 1 - Effective 3/1/02) (New statute - Effective 12/1/08) A1 14-286.2 Interfering with emergency communication. (Further Information can be found by clicking here.). Class 3 misdemeanors include simple possession of marijuana, concealing goods in a store, DWLR, 2nd degree trespass and city code violations. As a level I, you cannot receive an Active Sentence (jail time) unless you are charged with an Aggravated Class 1 Misdemeanor offense. Criminal speeding in Arizona is a Class 3 misdemeanor according to ARS 28-701.02.. 17mph over, I did not have to appear and they were able to reduce it so my insurance didn’t go up, thankfully. Effective March 16, 2020 most court dates were suspended. But as previously said, North Carolina does offer diversion programs as a resource that allows offenders a chance to get their first offense charges dismissed. We have known the Mathesons for some time and we trust him completely. Willful Reckless Driving Maximum Penalty: 3 months imprisonment, $500 fine, 1-year license revocation. Traffic offenses are typically classified as minor offenses in most states. old and under, and who are already enrolled in 1st Offender Diversion, who pick up another new drug drug/alcohol charge. what if it was your first offense? This is also called “summary,” or “informal” probation, typically requiring the defendant to participate in counseling or treatment programs, participate in community service and paying victim restitution. First offense ever, 83 in a 65 in North Carolina. Class 3 Misdemeanor. Reckless driving is a Class 2 misdemeanor offense punishable by up to 60 days in jail. Everything was handled via email, it was a seamless experience. Fast service and great cost too. Punishment can include 1-20 days of active, intermediate or community punishment and this may include a $200 fine. If a violation of subsection (b) is deemed the proximate cause of death of another, the State may prosecute as a Class E Felony. Punishment can include 1-20 days of active, intermediate or community punishment and this may include a $200 fine. He is dependable and extremely diligent. At Matheson & Associates we always offer free consultations to potential clients and walk them through the legal process. Reckless Driving Mandatory Penalty: none; class III misdemeanor Below you will find the criteria for the 3 levels of diversion programs offered by the Wake County District Attorney’s Office that can prove to be very beneficial to first time offenders. Class 3 Misdemeanors. For points on your license, see the NC DMV Handbook, specifically chapter 3 ("Your Driving Privilege"). My lawyer was very helpful and solved all of my problems! (b) Fines. The maximum punishment for Class 3 misdemeanor is fine of up to $500 and 30 days in jail. Premarital Agreement – Why should I get one? Like people who commit those minor offenses, people who commit misdemeanors are subject to fines. A "highway work zone" is the area between the first sign that informs motorists of the existence of a work zone on a highway and the last sign that informs motorists of the end of the work zone. -T.R. If we do not have information about your specific matter, we will find out. I felt like I was talking to a peer, and not someone who just wanted my money. In addition, a speeding conviction could be a misdemeanor offense. Under NCGS §20-141(j1), if you drive more than 15 mph over the limit or you drive more than 80 mph, you will be charged with a class 3 misdemeanor. What are Class 3 misdemeanor crimes in Arizona? We strongly suggest contacting an attorney to find out your options and to make sure that these charges you are facing are handled in the appropriate manner. May have only ONE prior Misdemeanor Conviction, except: DWI, No prior drug deferral, No prior conviction, no other violent or abusive in nature charges, no felony convictions, and if over 21 yrs. He asked questions to fully understand my incident, and allowed some great insight to my possibilities. These are entirely separate from any criminal penalties that the offender may face if convicted in criminal court. Class 3 Misdemeanor: 20 days of community, intermediate or active punishment ; After the reclassification on December 1st, if a defendant is convicted of Possession of Drug Paraphernalia that was used with marijuana, the offender will receive a lesser sentence, and perhaps only a fine. If your violation is serious enough, your driver’s license could be revoked. 15A-145 goes further, allowing an expunction of a conviction of both the Class 3 misdemeanor and Class 1 misdemeanor version of the offense. Administrative penalties are those imposed by the North Carolina Department of Transportation. A common crime that is charged as an unclassified misdemeanor is the possession of certain amounts of marijuana if it is the person’s first offense. Simple traffic violations usually lead to a traffic ticket, which must be paid off, and are considered infractions. old- no convictions in the past 5 years. ©2021 Browning & Long PLLC, All Rights Reserved, Reproduced with Permission Privacy PolicyWebsite Built by Foster Web Marketing Website Powered By Dynamic Self-Syndication (DSS™)Site MapDSS Login. 15A-145 contains a waiting period with two parts. Prior Conviction Level. A common example of a Class C misdemeanor is a traffic offense that results in a traffic ticket. ~N.E. Examples of Class 3 misdemeanors include possession of Class V controlled substances and some property destruction. It was a pleasant experience, even while dealing with uncertainty. Process: Your case is deferred (continued) for SIX months and in that time you will need to complete 15 hours of drug/alcohol classes or a substance abuse assessment and treatment recommendations (15 hour minimum). 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