New Structured Sentencing Handbook
From 1995 to 2009, North Carolina had two sentencing grids—one for felonies, one for misdemeanors. That was it. Then the grid was amended in 2009. And 2011 (with special rules […]
October 15, 2013
The New Firearm/Deadly Weapon Enhancement
Structured Sentencing has always included a provision allowing for an enhanced sentence for felonies committed by using, displaying, or threatening to use or display a firearm or deadly weapon. G.S. […]
October 1, 2013
New Felony Sentencing Grid
It’s October 1 and a lot of new laws come into effect today. Among them is the portion of S.L. 2013-101 that amended the felony sentencing grid. The revised grid, […]
August 8, 2013
Prior Record Points for Out-of-State Convictions
Improper counting of a defendant’s prior out-of-state convictions is a common sentencing error. This post collects the law on the subject, including the many appellate cases decided over the past […]
July 31, 2013
Time Served
Which of the following defendants may be sentenced to “time served” (choose all that apply)? A. A felony defendant with 5 months of jail credit sentenced to 6–17 months. B. […]
July 23, 2013
Misdemeanor Reclassification, the Right to Counsel, and the Budget
The legislature has agreed on a budget, and it contains some provisions that will impact misdemeanor sentencing and the appointment of counsel — potentially in tens of thousands of cases […]
June 6, 2013
Do Old DWIs Count toward Felony Prior Record Level?
Author’s note: This post has been updated since its initial publication. The original version overlooked G.S. 15A-1340.11(7), a statute that is clearly relevant to the discussion. Do old (as in, […]
April 8, 2013
Who Proves Prior Record?
Who proves prior convictions for sentencing purposes? By statute, the State. Sometimes, however, in the fast-paced world of district court, marshaling a defendant’s criminal record can seem like a shared […]
September 25, 2012
Offense Date Ranges: Which Sentencing Law Applies?
North Carolina’s structured sentencing grid did not change from 1995 to 2009. Since then it has changed twice, once for offenses committed on or after December 1, 2009 (discussed here), […]
March 12, 2012
No Relief from Fair Sentencing
In a post here Jamie discussed whether a defendant who was sentenced under the Fair Sentencing Act (FSA) can successfully bring a motion for appropriate relief asserting that he or […]
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