§ 15A-1340.19C – Sentencing; assignment for resentencing.
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.
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.
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 – Prior conviction level for misdemeanor sentencing.
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. – […]
§ 15A-1340.22 – Multiple convictions.
15A-1340.22. Multiple convictions. (a) Limits on Consecutive Sentences. – If the court elects to impose consecutive sentences for two or more misdemeanors and the most serious misdemeanor is classified in Class A1, Class 1, or Class 2, the cumulative length of the sentences of imprisonment shall not exceed twice the maximum sentence authorized for the […]
§ 15A-1340.23 – Punishment limits for each class of offense and prior conviction level.
15A-1340.23. Punishment limits for each class of offense and prior conviction 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 misdemeanor for which there is no classification, it is as classified in G.S. 14-3. (b) Fines. […]
§ 15A-1340.17 – Punishment limits for each class of offense and prior record level.
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.
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.
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.
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 […]