Latest posts tagged with Sentencing on North Carolina Criminal Law Blog

A while ago, Alyson Grine and I wrote a post about consecutive sentences for misdemeanors. In it, we discussed the rule that when a court elects to impose consecutive sentences […]

I first encountered North Carolina’s impaired driving sentencing scheme several years ago when I worked as an Assistant Federal Public Defender for the Eastern District of North Carolina.  I represented […]

Suppose a defendant is convicted of a crime and the judge wants to (or, in a “C” or “C/I” cell in the sentencing grid, has to) suspend the sentence. Can […]

After my earlier post about nonstatutory aggravating factors, a reader took me up on my offer to write about nonstatutory mitigating factors. In addition to the twenty mitigating factors spelled […]

By special request, this post recaps the law of nonstatutory aggravating factors. Under G.S. 15A-1340.16(d), the State may, in addition to the 25 statutory aggravating factors set out in that […]

Jeff Welty blogged here and Jessica Smith published a paper here about the implications of the Supreme Court’s holding in Melendez-Diaz that forensic laboratory reports are testimonial, rendering the affiants […]

Last week the News and Observer ran an article about a legislative proposal to send more inmates to county jails instead of DOC facilities. A separate part of the plan […]

Under G.S. 15A-1344(d), a “sentence activated upon revocation of probation commences on the day probation is revoked and runs concurrently with any other period of probation, parole, or imprisonment to […]

by School of Government faculty members Jamie Markham and Alyson Grine Suppose Ronald is convicted of six counts of communicating threats, a Class 1 misdemeanor. Ronald has three prior convictions, […]

I am frequently asked about what convictions may count toward a defendant’s prior record level in prosecutions under the habitual felon law and other similar laws, like habitual impaired driving. […]