North Carolina Felony Crimes by Class and Sentences
North Carolina defines felonies as any crimes that carry prison sentences or the death penalty and the state uses a specific grid in sentencing felonies. Felony crimes are organized into ten (10) categories indicated with letters, Class A to Class I. Class B felonies are divided into B1 and B2. Class A is the most serious felony level and Class I is the least serious. If a statute states that a crime is a felony but does not classify it, the offense is punishable as a Class I felony.
Felony Penalties by Class
Class A Felonies
Class A felonies have the harshest sentences in North Carolina with either life imprisonment with or without parole or the death penalty. First-degree murder is a Class A felony.
Class B Felonies
Class B1 felonies carry a maximum punishment of life without parole. Examples of Class B1 felonies are second-degree murder, first-degree forcible rape/first-degree statutory rape, and first-degree forcible sexual offense/first-degree statutory sexual offense. Class B2 felonies have a standard punishment of 10 to 26 years in prison, with a maximum punishment of 40 years. Examples of Class B2 felonies are trafficking of minors, child abuse causing serious bodily injury, and death by unlawful distribution of drugs.
Class C Felonies
Class C felonies carry a standard prison sentence of 5 to 12 years and a maximum punishment of 19 years. Examples of Class C felonies are second-degree forcible rape, second-degree forcible sexual offense, assault with a deadly weapon (intent to kill, inflict serious injury), first-degree kidnapping, and embezzlement of an amount of $100,000 or more.
Class D Felonies
Class D felonies have a standard sentence of 4 to 10 years in prison and a maximum sentence of 17 years. Examples of Class D felonies are voluntary manslaughter, first-degree burglary, first-degree arson, armed robbery, child abuse inflicting serious physical injury, death by vehicle, sell or deliver a controlled substance to a person under 16 but older than 13 years of age
Class E Felonies
Class E felony convictions are punishable by a standard sentence of 2 to 4 years of imprisonment. The maximum penalty is 7 years. Examples of Class E felonies are sexual activity by a substitute parent or custodian, assault with a deadly weapon, discharging a weapon into occupied property, assault with a firearm on a law enforcement officer, second-degree kidnapping, sell or deliver a controlled substance within 1,000 feet of a school
Class F Felonies
Class F felonies carry one to 3 years in prison and a maximum punishment of 5 years. Examples of Class F felonies are, involuntary manslaughter, assault inflicting serious bodily injury, assault with a deadly weapon on a governmental officer or employee, assault that inflicts serious bodily injury on a law enforcement officer, felonious restraint, burning of certain types of buildings, taking indecent liberties with children, patronizing a prostitute (minor), possessing a weapon of mass destruction, and or habitual impaired driving
Class G Felonies
Class G felonies carry a standard sentencing range of 10 months to 2 years and a maximum punishment of 47 months in prison. Examples of Class G felonies are second-degree burglary, second-degree arson, common law robbery, identity theft, possession of firearms by a felon, or sale of a Schedule I or II controlled substance.
Class H Felonies
Class H felonies carry a standard sentencing range of 5 to 20 months of imprisonment and a maximum penalty of 3 years. Examples of Class H felonies are assault by strangulation, possessing stolen goods, dog fighting, habitual misdemeanor assault, breaking or entering buildings with felonious intent, fraudulently setting fire to dwelling houses, larceny of property that is worth more than $1,000, embezzlement of an amount less than $100,000, obtaining property by untrue pretenses, hit and run resulting in injury, sale of a Schedule III, IV, V, or VI controlled substance, possession of cocaine with an intent to manufacture, sell, or distribute
Class I Felonies
Class I felonies are the least serious and are punishable by 4 to 10 months in prison with the maximum punishment being 2 years. Examples of Class I felonies are breaking or entering motor vehicles, financial transaction card theft, forgery of checks, possession of marijuana with the intent to manufacture, sell, or distribute marijuana, cocaine possession, maintaining a dwelling for selling a controlled substance, obtaining a controlled substance by fraud, removing a firearm serial number, and or possessing a firearm on school grounds
Felony Sentencing in North Carolina
Determining the prior record level is the critical first step in sentencing for a felony. After the prior record level is calculated, North Carolina uses structured sentencing charts with three possible ranges of the minimum sentence: 1) Presumptive, 2) Aggravated, and 3) Mitigated.
Presumptive Felony Sentencing
A Presumptive felony sentence is the standard or recommended sentence for a felony crime. This is what the judge is expected to impose unless there are significant mitigating or aggravating factors present in the case. Essentially, this is the starting point for the final sentence that can be adjusted based on the specifics of the situation. Presumptive sentencing is aimed at creating consistency in sentencing across similar cases.
Key points about Presumptive sentencing are:
- The judge uses guidelines that outline a presumptive range for each crime, considering the severity of the offense and the offender’s criminal history.
- Judges can deviate from a presumptive sentencing if they can provide valid reasons for doing so, for example in the case of particularly egregious circumstances or mitigating factors.
- In working towards fairness and consistency, the goal of presumptive sentencing is to ensure that similar crimes receive similar punishments.
Aggravated Felony Sentencing
An Aggravated felony sentencing indicates a criminal offense that is more severe than a presumptive sentence and carries the most severe punishment. This is imposed when specific circumstances or aspects of a crime exist.
The following are types of aggravating factors:
- A prior criminal record in the defendant’s history has a significant part in sentencing. When there is a substantial prior record of criminal history, sentencing will be harsher than for a first-time offender.
- The severity of the crime can be an aggravating factor, for example, crimes that are committed with exceptional cruelty or that involve significant bodily harm will receive harsher sentencing.
- The use of a deadly weapon when the crime was committed is an aggravated factor. “Deadly weapon” isn’t necessarily a traditional weapon. Instead, it can be any object that is used with enough force and strength to cause significant harm.
- When the victim is vulnerable, such as a child, the elderly, or someone with a disability, the penalty will be more severe.
- When the crime involves a violation of trust such as a caretaker exploiting an elderly patient or a public official participating in corrupt activities, these circumstances are considered to be aggravating.
Mitigated Felony Sentencing
A Mitigated felony sentence in North Carolina is a reduced sentence for a felony conviction that takes into account mitigating factors. Additionally, first-time offenders who commit low-level felonies may be eligible for a diversion program instead of jail time, such as a work program, schooling, rehab, and drug testing.
Mitigating factors are circumstances that may include:
- The defendant played a minor role in the crime.
- The victim was the aggressor or provoked the incident.
- The crime was committed due to an unusual circumstance.
- The defendant has no prior criminal record.
- The defendant struggles with additions.
Contact Sandman, Finn, and Fitzhugh for Felony Defense in Raleigh
There is no statute of limitations for felonies in North Carolina, meaning you can be charged even after a long period. North Carolina’s felony laws impose strict penalties. If you have been accused or charged with a felony, you need expert legal representation as soon as possible. The attorneys at Sandman, Finn, and Fitzhugh are experienced and knowledgeable about the complexities of felony charges and sentencing in North Carolina. Contact us by calling (919) 845-6688 or filling out the contact form to request a free consultation.