North Carolina Criminal Law

It’s like Fight Club: the first rule of talking about sentencing at trial is don’t talk about sentencing at trial.

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Let’s brainstorm all the possible sentences for a Prior Record Level I defendant convicted of two Class H felonies. I’ll go first, listing my thoughts roughly from most to least […]

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A few years ago I began tracking and compiling the consequences that attach to an offense subject to sex offender registration (a registrable offense). In preparation for an upcoming course, […]

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The Supreme Court held Monday that the rule from Miller v. Alabama, 567 U.S. __ (2012), applies retroactively. In Miller, the Court held that a sentencing regime that makes life without parole mandatory […]

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Under G.S. 15A-1340.16(d), “[e]vidence necessary to prove an element of the offense shall not be used to prove any factor in aggravation.” The general idea behind that rule is to […]

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After Justice Reinvestment, all North Carolina felonies are predicate felonies for certain federal purposes. That was the Fourth Circuit’s recent conclusion in United States v. Barlow. The decision significantly rolls […]

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Last week I got drawn into a discussion about a North Carolina local government official convicted of DWI. The question was whether he was getting “special treatment” when his 60-day […]

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The 2015-2016 edition of the North Carolina Sentencing Handbook with Felony, Misdemeanor, and DWI Sentencing Grids is available from the School of Government. Like previous editions, it contains instructions on felony sentencing, misdemeanor sentencing, and […]

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Suppose a defendant is convicted of a Class F–I felony that requires registration as a sex offender. He is also convicted as a habitual felon. When sentencing the defendant as […]

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Today’s post shares a revised chart for determining the proper place of confinement for a criminal conviction. The chart is available here.

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