North Carolina Felony: Laws, Penalties, Sentencing, and Records

A felony is a serious crime according to North Carolina laws and statutes. A felony carries a severe punishment in North Carolina, including imprisonment or the death penalty. A felony conviction has long-lasting consequences for an individual, including incarceration, payment of fines, restrictions on their civil rights, and a permanent criminal record.

What Is Considered a Felony in North Carolina?

North Carolina recognizes a felony as a serious crime that may lead to lengthy sentences and carry serious implications. Common examples of felonies in North Carolina include:

• ViolentCrimes: Examples of these crimes include murder, manslaughter, rape, armed robbery, kidnapping, and aggravated assault.
• Drug Crimes: Crimes such as trafficking, manufacturing, and possession of drugs or controlled substances.
• Property Crimes: Crimes involving property that include arson, burglary, auto theft, and larceny.
• White-Collar Crimes: Crimes like fraud, embezzlement, securities violations, forgery, and identity theft.
• Weapons Offenses: Unlawful possession and sale of weapons, as well as the use of a firearm during a crime.

What Is a Felony in North Carolina?

North Carolina criminal laws define a felony as any offense punishable by more than one year in state prison. Misdemeanors, by contrast, are punishable by fines or shorter jail sentences in county facilities.

Consequences of a felony conviction in North Carolina include:

• Prison sentences range from 4 months to life imprisonment or death.
• Fines that vary by felony class, ranging from $0 to $200,000.
• Loss of civil rights for convicted felons, including firearm ownership, voting while incarcerated, and eligibility for some licenses.
• A permanent criminal record may have a severe impact on employment opportunities, housing options, and immigration status.

Felony Classes and Penalties in North Carolina

North Carolina classifies a felony into 10 different categories, from Class A (being the most severe) to Class I (least severe).

North Carolina Felony Classes

• Class A Felony
  • First-degree murder.
  • Penalty: Death penalty or life imprisonment without parole.
• Class B1 Felony
  • Includes second-degree murder and first-degree rape.
  • Penalty: A maximum punishment of life without parole.
• Class B2 Felony
  • Includes second-degree murder.
  • Penalty: A maximum of 484 months in prison.
• Class C Felony
  • Includes armed robbery, second-degree rape, first-degree kidnapping, and certain aggravated assault.
  • Penalty: Maximum sentence of 231 months in prison.
• Class D Felony
  • Includes voluntary manslaughter, first-degree burglary, armed robbery, and child abuse.
  • Penalty: Maximum punishment of 204 months in prison.
• Class E Felony
  • Crimes include assault with a deadly weapon, embezzlement, and second-degree kidnapping.
  • Penalty: Up to 88 months in prison.
• Class F Felony
  • Includes involuntary manslaughter, possession of weapons of mass destruction, and certain sexual assaults.
  • Penalty: Up to 59 months in prison.
• Class G Felony
  • Includes larceny of firearms, second-degree burglary, and habitual impaired driving.
  • Penalty: Maximum of 47 months in prison.
• Class H Felony
  • Includes breaking and entering buildings, hit and run, and escaping from a state prison.
  • Penalty: Up to 39 months in prison.
• Class I Felony
  • Crimes include forgery and possession of small amounts of controlled substances.
  • Penalty: Maximum sentence of 24 months in prison.

Felony Sentencing Guidelines in North Carolina

Under Article 81B, North Carolina uses a structured sentencing grid in prosecuting a felony case..

Key Sentencing Factors

Certain factors play key roles in determining the length of a sentence for a felony conviction in North Carolina, including:

• Felony Class: Primarily determines the sentencing range.
• Prior Record Level: Based on the points assigned on the worksheet, the prior record level for previous criminal convictions.
• Presumptive, Aggravated, and Mitigated Ranges: Judges may select from any of the three sentencing ranges depending on the felony case.
• Mandatory Minimums: Certain crimes carry mandatory minimum sentencing.
• Aggravating Factors: Crimes against minors or the elderly and repeat offenses may increase sentence length.
• Mitigating Factors: Being a first-time offender, cooperating with the law enforcement officers, or mental health considerations may lead to a reduction of sentence length.
• Habitual Felon Law: This law imposes harsher penalties on individuals with a history of repeated felony convictions.
• Probation and Parole: The state provides community supervision through probation and parole for certain felonies, ensuring the safety and integration of the offenders into society.

Felony Laws and Procedures in Major North Carolina Cities

Individuals may contact their attorneys or the local Superior Court Clerk’s Office in the county where the felony prosecution occurred. Some details for felony procedures in certain cities in the major counties include:

Charlotte (Mecklenburg County)

Felonies in Charlotte are prosecuted in the Mecklenburg County Superior Court, which handles violent crimes, narcotics trafficking, and property cases.

Raleigh (Wake County)

Felony cases in Raleigh are tried in the Wake County Superior Court. The court offers a Recovery Court Program to individuals convicted of felonies in the county.

Greensboro (Guilford County)

The Guilford County Superior Court handles felony prosecutions in Greensboro. Individuals may visit the clerk’s office for additional information on laws and procedures for felony convictions.

How to Search for Felony Records in North Carolina

Felony convictions remain public and accessible to society unless the documents are sealed or expunged. However, certain entities, such as law enforcement officers and attorneys, may still have access to the documents.

North Carolina Judicial Branch Case Search

The Judicial Branch provides a Case Search Portal that allows the public to view felony records by name or case number.

Superior Court Clerk’s Offices

Individuals may request certified criminal records, which contain felony case files from the Clerk of Superior Court in the county where the offense was committed. They may complete the Criminal Record Search Form and submit it in person or send the document by mail.

North Carolina State Bureau of Investigation (SBI)

The public may obtain criminal history information, including felony convictions, from the North Carolina State Bureau of Investigation (SBI).

Local Police and Sheriff’s Departments

Law enforcement agencies maintain arrest and incident reports in the counties. Interested parties may contact their local offices to obtain copies of felony case files as long as they are not subject to further investigations.

Why Understanding Felonies in North Carolina Matters

Felony convictions in North Carolina carry severe consequences that extend beyond incarceration and fines. They restrict a person’s civil rights, limit their employment opportunities, and affect housing choice and professional licensing. Individuals, employers, and organizations must understand felonies and their implications in the state.

Felonies in North Carolina are divided into 10 classes with penalties ranging from imprisonment to the death penalty for capital offenses. Felony sentencing is structured and guided by the presence of prior criminal records or other aggravating or mitigating factors. Felony records are available at online portals, Superior Court Clerk’s offices, and the North Carolina State Bureau of Investigation.