Articles related to structured sentencing - Page 4 of 5

A defendant’s prior North Carolina juvenile adjudications never count for sentencing points. That is true for felonies and misdemeanors alike. The definition of a “prior conviction” in Structured Sentencing (G.S. […]

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 […]

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. […]

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, […]

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 […]

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. […]

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 […]

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, […]

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 […]

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), […]