One common example is the presence of a weapon. Aggravating factors increase the potential minimum sentence range. The range a judge will decide to apply depends on any aggravating or mitigating factors in the circumstances of your case. These potential ranges are: Aggravated, Presumptive and Mitigated. Once you have calculated your prior record level, the North Carolina felony structured sentencing charts will provide you with three possible ranges of the minimum sentence available for your class of charge for someone with your prior record level. This makes it critically important if you are facing multiple charges to have a skilled defense attorney who can move the court to consolidate your charges into the same case or court week.
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If a defendant is convicted of more than one offense within the same 7 days, or even the same session of court, only the conviction for the offense with the highest point value counts towards prior record level.
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If the current charge occurred while you were on supervised or unsupervised probation or parole, or while you were serving a sentence of imprisonment If all the elements of your current charge were present in another offense for which you were convicted in the past Impaired driving in a commercial vehicle.Points added to your "prior record level" Note that certain misdemeanor violations and other circumstances can also affect your point calculation for felony sentencing purposes. These are added up to create your overall point level. Calculating Your "Prior Record Level"Įach felony conviction from your past receives a certain point value. This provides the court with a range of allowable sentences for your current charge. The court will then use the state's structured sentencing system to calculate what is called a defendant's "prior record level." Your prior record level, depending on how many points it is, places you into one of six point categories that corresponds with the class of felony. If you are being charged with a felony it is critical to have experienced defense representation.įelonies in North Carolina charged at the state level are divided up into ten classes: Classes A, B1, B2 and C through I. These enhancements are most crippling when dealing with felony charges. Any past convictions accrue points that will make your applicable sentence range increase. Although it is understandably one of the first things a person wonders when they are charged with a crime, determining your possible sentencing range is a multi-step process with many factors. Sentencing in North Carolina is an extremely complex calculation that takes a person's previous criminal history and the specific facts of a case into account.