North Carolina Felonies | Sentencing

The sentencing structure for North Carolina Felonies is similar to North Carolina Misdemeanors.  Each crime is assessed a class (A, B1, B2, C, D, E, F, G, H, or I) that will then be compared to the Defendant’s prior criminal record, to determine the sentence level (1-7).  Though all felonies in North Carolina carry the potential of imprisonment for more then one year, there are felonies that, with a Defendant with little or no previous criminal record, can avoid a jail sentence of that length.  In fact, certain North Carolina Felonies convictions can result in no jail time given the appropriate charge and prior criminal record of the Defendant.

There are three different types of North Carolina Felony Sentences: active sentence, intermediate sentence, and community sentence.  First sentencing type is a community punishment. The Defendant is assigned some form of community service, required to pay restitution when appropriate, and either supervised or unsupervised probation.  When probation is given, the Defendant is actually sentenced to an active jail sentence, which is suspended during the period of probation.  Should the Defendant violate the probation, they risk activating their jail sentence.  Unsupervised probation is a period of time where the Defendant must not get into any legal trouble or risk activating their suspended jail sentence.  Not completing community service, not paying the restitution, or receiving new criminal charges can all be found as a violation of probation and could result in activating the suspended jail sentence.  Supervised probation is where the Defendant is assigned a probation officer and must meet with the officer regularly.  Additionally, certain limitations will be placed on the Defendant, which can include a curfew, not being seen in certain areas and having no contact with certain individuals as well as random drug screenings.  The Defendant can violate their probation, and thereby activate their jail sentence, by missing their meetings with the probation officer, failing the drug screens, committing other crimes while on probation or violating other limitations placed on the Defendant by the Judge. Additionally, while on probation, the Defendant is prohibited from owning or possession any firearms or ammunition.

An Intermediate Sentence is where the Defendant will be given both a period of time on probation as well as an amount of time in jail; commonly referred to as a ‘split sentence.’

An Active Sentence is where the Defendant  is assigned a number of months in jail.

Hiring knowledgeable Raleigh Felony Attorneys or Durham Felony Attorneys will assist you in understanding the potential sentences you face.  Contact North Carolina Criminal Defense Attorney M. Moseley Matheson at 919-335-5291 today for your FREE CONSULTATION!

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