North Carolina Felony Defense Attorney

What is a Felony in NC?

Under North Carolina law, crimes are divided into two broad categories: misdemeanors and felonies. A felony is the more serious class of criminal offense, generally punishable by more than one year of incarceration served in a state prison rather than a county jail. 

Felonies in North Carolina are governed primarily by N.C.G.S. Chapter 14 (Criminal Law), and sentencing is controlled by the Structured Sentencing Act, N.C.G.S. § 15A-1340.10 et seq. 

Common Types of Felonies in North Carolina

North Carolina law recognizes a wide range of felony offenses, including but not limited to:

• Violent Crimes (e.g., murder, manslaughter, robbery, assault with a deadly weapon)
• Sex Offenses (e.g., rape, sexual offense, indecent liberties with a minor)
• Drug Offenses (e.g., trafficking, manufacturing, possession with intent to sell or deliver)
• Property Crimes (e.g., breaking and entering, larceny of a motor vehicle, embezzlement)
• White-Collar Crimes (e.g., identity theft, wire fraud, obtaining property by false pretenses)
• Weapons Offenses (e.g., felon in possession of a firearm, discharging a weapon into an occupied dwelling)
• Domestic Violence Felonies (e.g., felony assault on a female, habitual misdemeanor assault)

North Carolina Felony Classes

North Carolina uses a tiered classification system for felonies, Classes A through I, with Class A being the most serious and Class I the least. Each class carries its own range of potential prison sentences, determined by a defendant’s prior record under the Structured Sentencing Act. Prior Record Levels are determined by criminal history points:

North Carolina Felony Sentencing Chart

North Carolina’s felony sentencing is structured by a grid that cross-references the offense class (A through I) with the defendant’s Prior Record Level (I through VI). The grid produces three sentence ranges for each combination:

• Mitigated Range – factors favor a lower sentence
• Presumptive Range – standard sentencing range
• Aggravated Range – factors justify a higher sentence

At The Wilkie Law Group, we carefully analyze where your Prior Record Level falls and work to identify all applicable mitigating factors to minimize your sentencing exposure.

Class I Felony NC

What is a Class I Felony in NC?

Class I is the lowest-level felony classification in North Carolina. Examples include manufacturing, delivering, or possession with intent to sell Schedule III, IV, V, or VI controlled substances, certain breaking and entering offenses, impersonation of a law enforcement officer, cruelty to animals, and certain assaults on law enforcement, firefighters, first responders, and other protected persons. 

Class I Felony NC Sentencing

In North Carolina, a Class I felony carries anywhere from 3 to 12 months imprisonment, depending on the defendant’s prior record level and any mitigating or aggravating factors. Many defendants at lower record levels are eligible for probation in lieu of an active prison sentence. Here is the presumptive range for each record level:

Class H Felony NC

What is a Class H Felony in NC?

Class H felonies are one step above Class I and include offenses such as assault by strangulation, habitual misdemeanor assault, receiving or possessing stolen goods, certain arson offenses, organized retail theft, and removing serial numbers from firearms.

Class H Felony NC Sentencing

A Class H felony carries anywhere from 3 months (mitigated) to up to 25 months (aggravated), though community or intermediate punishments may be available to first-time offenders. Here’s a breakdown of the presumptive sentencing ranges based on the defendant’s record:

Class G Felony NC

What is a Class G Felony in NC?

Class G felonies include serious offenses such as felon in possession of a firearm, witness intimidation, certain fraud offenses, common law robbery, date rape offenses (contaminating food or drink to render a person incapacitated with the intent to sexually assault), and participating in a drug violation by a minor.

Class G Felony NC Sentencing

A Class G felony conviction may result in anywhere from 8 to 31 months of imprisonment, depending on the record level and mitigating or aggravating factors. The standard presumptive ranges are as follows:

Class F Felony NC

What is a Class F Felony in NC?

Class F offenses include crimes such as hit and run resulting in death or serious bodily injury, the dumping of toxic substances, child abduction, bribery of officials, perjury, extortion, habitual impaired driving, aggravated assault on a handicapped person, and taking indecent liberties with a child.

Class F Felony NC Sentencing

Under North Carolina’s felony sentencing chart, Class F felonies carry a minimum, mitigated sentence of 10 months and a maximum, aggravated sentence of 41 months in prison. Here are the prescribed presumptive terms:

Class E Felony NC

What is a Class E Felony in NC?

Class E felonies include offenses like 2nd degree sexual exploitation of a minor, burning of churches or other religious buildings, discharging a weapon into an occupied property, speeding to elude arrest, certain drug trafficking offenses, and causing death or serious injury by impaired boating.

Class E Felony NC Sentencing

A Class E felony may result in anywhere between 15 months and up to 63 months imprisonment with the presence of mitigating or aggravating factors, though presumptive ranges are as follows:

Class D Felony NC

What is a Class D Felony in NC?

Class D felonies are serious violent offenses, including malicious use of an explosive or incendiary device, concealment of death, disturbing or dismembering human remains, 1st degree arson, voluntary manslaughter, 1st degree burglary, and promoting drug sales by a minor.

Class D Felony NC Sentencing

Class D felonies carry a minimum sentence of 38 months and a maximum sentence of 160 months. However, standard presumptive sentencing terms include:

Class C Felony NC

What is a Class C Felony in NC?

Class C felonies are a very serious matter and include criminal charges such as the manufacturing of methamphetamine, promoting prostitution of a minor or mentally disabled person, 1st degree sexual exploitation of a minor, involuntary servitude and sexual servitude of a minor, assault with a deadly weapon with intent to kill and causing serious injury, malicious maiming, 2nd degree forcible rape, and causing death by distributing certain controlled substances.

Class C Felony NC Sentencing

Sentences for Class C felonies range from the low end of 44 months to the high end of 182 months in prison. Below is the presumptive sentencing range:

Class B2 Felony NC

What is a Class B2 Felony in NC?

Class B2 felonies include second-degree murder (where the murder does not carry the Class B1 designation), child abuse inflicting serious bodily injury, repeat felony death by vehicle, and human trafficking involving a minor.

Class B2 Felony NC Sentencing

Class B2 felonies carry a minimum term of 94 months (mitigated) and a maximum term of 393 months (aggravated). The presumptive sentencing ranges for a Class B2 felony are as follows:

Class B1 Felony NC

What is a Class B1 Felony in NC?

Falling just below the most serious felony class, Class B1 includes crimes like 1st degree statutory rape, 1st degree forcible rape, murder in the 2nd degree, and unlawful use, manufacture, or sale of a weapon of mass destruction.

Class B1 Felony NC Sentencing

Class B1 felonies carry sentences ranging from 144 months to life without parole at the highest prior record levels and with aggravating factors involved. A conviction can effectively mean spending the rest of your life in prison. As for the presumptive ranges, those are as follows:

Class A Felony NC

What is a Class A Felony in NC?

Class A is the most serious felony designation in North Carolina. Under the Structured Sentencing Act, the only offenses that receive this designation are first-degree murder and the unlawful use of a nuclear, biological, or chemical weapon of mass destruction that results in injury to another.

Class A Felony NC Sentencing

A conviction for a Class A felony carries either life in prison without the possibility of parole or the death penalty, which is decided by a jury. Given the severity of these charges, having skilled and experienced legal counsel is absolutely critical.