15A-1340.10. Applicability of structured sentencing. This Article applies to criminal offenses in North Carolina, other than impaired driving under G.S. 20-138.1 and failure to comply with control measures under G.S. 130A-25, that occur on or after October 1, 1994. This Article does not apply to violent habitual felons sentenced under Article 2B of Chapter 14 […]
15A-1340.11. Definitions. The following definitions apply in this Article: (1) Active punishment. – A sentence in a criminal case that requires an offender to serve a sentence of imprisonment and is not suspended. Special probation, as defined in G.S. 15A-1351, is not an active punishment. (2) Community punishment. – A sentence in a criminal case […]
15A-1340.12. Purposes of sentencing. The primary purposes of sentencing a person convicted of a crime are to impose a punishment commensurate with the injury the offense has caused, taking into account factors that may diminish or increase the offender’s culpability; to protect the public by restraining offenders; to assist the offender toward rehabilitation and restoration […]
15A-1340.13. (Effective until January 1, 2023) Procedure and incidents of sentence of imprisonment for felonies. (a) Application to Felonies Only. – This Part applies to sentences imposed for felony convictions. (b) Procedure Generally; Requirements of Judgment; Kinds of Sentences. – Before imposing a sentence, the court shall determine the prior record level for the offender […]
15A-1340.14. (Effective until January 1, 2023) Prior record level for felony sentencing. (a) Generally. – The prior record level of a felony offender is determined by calculating the sum of the points assigned to each of the offender’s prior convictions that the court, or with respect to subdivision (b)(7) of this section, the jury, finds […]
15A-1340.15. Multiple convictions. (a) Consecutive Sentences. – This Article does not prohibit the imposition of consecutive sentences. Unless otherwise specified by the court, all sentences of imprisonment run concurrently with any other sentences of imprisonment. (b) Consolidation of Sentences. – If an offender is convicted of more than one offense at the same time, the […]
15A-1340.16. (Effective until January 1, 2023) Aggravated and mitigated sentences. (a) Generally, Burden of Proof. – The court shall consider evidence of aggravating or mitigating factors present in the offense that make an aggravated or mitigated sentence appropriate, but the decision to depart from the presumptive range is in the discretion of the court. The […]
15A-1340.16A. Enhanced sentence if defendant is convicted of a Class A, B1, B2, C, D, or E felony and the defendant used, displayed, or threatened to use or display a firearm or deadly weapon during the commission of the felony. (a), (b) Repealed by Session Laws 2003-378, s. 2, effective August 1, 2003. (c) If […]
15A-1340.16B. Life imprisonment without parole for a second or subsequent conviction of a Class B1 felony if the victim was 13 years of age or younger and there are no mitigating factors. (a) If a person is convicted of a Class B1 felony and it is found as provided in this section that: (i) the […]
15A-1340.16C. Enhanced sentence if defendant is convicted of a felony and the defendant was wearing or had in his or her immediate possession a bullet-proof vest during the commission of the felony. (a) If a person is convicted of a felony and it is found as provided in this section that the person wore or […]
15A-1340.16D. Manufacturing methamphetamine; enhanced sentence. (a) If a person is convicted of the offense of manufacture of methamphetamine under G.S. 90-95(b)(1a) and it is found as provided in this section that a law enforcement officer, probation officer, parole officer, emergency medical services employee, or a firefighter suffered serious injury while discharging or attempting to discharge […]
15A-1340.16E. Enhanced sentence for offenses committed by criminal gang members as a part of criminal gang activity. (a) Except as otherwise provided in subsection (b) of this section, if a person is convicted of any felony other than a Class A, B1, or B2 felony, and it is found that the offense was committed as […]
15A-1340.17. Punishment limits for each class of offense and prior record level. (a) Offense Classification; Default Classifications. – The offense classification is as specified in the offense for which the sentence is being imposed. If the offense is a felony for which there is no classification, it is a Class I felony. (b) Fines. – […]
15A-1340.18. (Effective until January 1, 2023) Advanced supervised release. (a) Definitions. – For the purposes of this section, the following definitions apply: (1) "Advanced supervised release" or "ASR" means release from prison and placement on post-release supervision under this section if an eligible defendant is sentenced to active time. (2) "Eligible defendant" means a defendant […]
15A-1340.19A. Applicability. Notwithstanding the provisions of G.S. 14-17, a defendant who is convicted of first degree murder, and who was under the age of 18 at the time of the offense, shall be sentenced in accordance with this Part. For the purposes of this Part, "life imprisonment with parole" shall mean that the defendant shall […]
15A-1340.19B. Penalty determination. (a) In determining a sentence under this Part, the court shall do one of the following: (1) If the sole basis for conviction of a count or each count of first degree murder was the felony murder rule, then the court shall sentence the defendant to life imprisonment with parole. (2) If […]
15A-1340.19C. Sentencing; assignment for resentencing. (a) The court shall consider any mitigating factors in determining whether, based upon all the circumstances of the offense and the particular circumstances of the defendant, the defendant should be sentenced to life imprisonment with parole instead of life imprisonment without parole. The order adjudging the sentence shall include findings […]
15A-1340.19D. Incidents of parole. (a) Except as otherwise provided in this section, a defendant sentenced to life imprisonment with parole shall be subject to the conditions and procedures set forth in Article 85 of Chapter 15A of the General Statutes, including the notification requirement in G.S. 15A-1371(b)(3). (b) The term of parole for a person […]
15A-1340.20. (Effective until January 1, 2023) Procedure and incidents of sentence of imprisonment for misdemeanors. (a) Application to Misdemeanors Only. – This Part applies to sentences imposed for misdemeanor convictions. (b) Procedure Generally; Term of Imprisonment. – A sentence imposed for a misdemeanor shall contain a sentence disposition specified for the class of offense and […]
15A-1340.21. (Effective until January 1, 2023) Prior conviction level for misdemeanor sentencing. (a) Generally. – The prior conviction level of a misdemeanor offender is determined by calculating the number of the offender’s prior convictions that the court finds to have been proven in accordance with this section. (b) Prior Conviction Levels for Misdemeanor Sentencing. – […]
