§ 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-1340.19C – 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-1340.16 – Aggravated and mitigated sentences.
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.
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.
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.
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 […]