§ 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 (a), (b) Repealed by Session Laws 2003-378, s. 2, effective August 1, 2003.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 […]
§ 15A-1340.16D – Manufacturing methamphetamine; enhanced sentence.
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.
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-1340.10 – Applicability of structured sentencing.
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.
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.
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.
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 […]