North Carolina Criminal Defense Laws

Felonies range from Class A (first-degree murder — death or life without parole) to Class I (up to 24 months). Sentences are determined by cross-referencing the offense class with the defendant's Prior Record Level (I through VI). Judges choose from presumptive, mitigated, or aggravated ranges.

Class A1: up to 150 days (assault on a female, DVPO violation). Class 1: up to 120 days (larceny, DWI). Class 2: up to 60 days (simple assault). Class 3: up to 20 days.

DWI uses its own sentencing framework with 6 levels. Aggravated Level One: 12–36 months, up to $10,000 fine. Level One: 30 days–24 months. Down to Level Five: 24 hours–60 days, up to $200 fine. Levels depend on grossly aggravating, aggravating, and mitigating factors.

Misdemeanors are heard in District Court (bench trial first). The defendant may appeal for a jury trial de novo in Superior Court. All felonies are tried in Superior Court with a jury after grand jury indictment.