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The penalty is whatever monetary sum the courts award the plaintiff as this falls under civil code not criminal.

In other words, if someone charges you with a crime and you are found not guilty, then you can file a civil complaint. You can sue for cost, lawyer fees (for original case only), and punitive damages. If you win then the defendant will be ordered to pay you the awarded sum. No chance they will go to jail as this is a civil matter.

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Q: What is the statute for malicious prosecution in NC?
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