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Winston Salem Felony Attorneys


Being charged with a felony in North Carolina is a very serious ordeal that have can have life changing implications.  Our lawyers at LAWSMITH, The Law Offices of J. Scott Smith, PLLC, know this and have helped clients from all walks of life through these extremely difficult and trying times.  A felony is generally defined as a crime that carries more than one year of prison time.  Felonies are different from misdemeanors in that misdemeanants are usually confined in local jails whereas felons are confined in the State Department of Corrections.  Felony convictions in North Carolina are sentenced using structured sentencing.  For more information about felony sentencing click here.

Winston Salem Felony Lawyer

Felonies in North Carolina

Felonies vary widely in the length of time and severity of the offense.  Felonies are classified by a lettering system from A (being the most severe) to I (being the least severe).  Below are some examples of the many different kinds of felony charges in North Carolina along with their classes and maximum punishments.

Felony and Class Maximum Punishment
First Degree Murder (A) Death or Life without possibility of parole
Second Degree Murder (B1) Life without possibility of parole (14-17(b))
First Degree Forcible Rape (B1) Life without possibility of parole
First Degree Statutory Rape (B1) Life without possibility of parole
First Degree Forcible Sexual Offense (B1) Life without possibility of parole
First Degree Statutory Sexual Offense (B1) Life without possibility of parole
Second Degree Murder (B2) 484 months
Second Degree Forcible Rape (C) 231 months
Second Degree Forcible Sexual Offense (C) 231 months
AWDWIKISI(C) 231 months Assault with a deadly weapon with intent to kill inflicting serious injury
First Degree Kidnapping (C) 231 months
Embezzlement ($100k or more) (C) 231 months
Voluntary Manslaughter (D) 204 months
First Degree Burglary (D) 204 months
First Degree Arson (D) 204 months
Armed Robbery (D) 204 months
Child Abuse InflictingSerious Physical Injury (D) 204 months
Death by Vehicle (D) 204 months
Sell or Deliver CS to person under 16 more than 13 (D) 204 months
Sexual Activity by Substitute Parent or Custodian (E) 88 months
AWDWISI (E) 88 months Assault with a deadly weapon inflicting serious injury
AWDWIK (E) 88 months Assault with a deadly weapon with intent to kill
Discharging Weapon into Occupied Property 88 months
Assault with a firearm on LEO (E) 88 months LEO=Law Enforcement Officer
Second Degree Kidnapping (E) 88 months
Sell or Deliver CS within 1000 ft of school (E) 88 months
Involuntary Manslaughter (F) 59 months
Assault Inflicting Serious Bodily Injury (F) 59 months
Assault WDW on govt official or officer (F) 59 months
Assault ISBI on LEO (F) 59 months
Felonious Restraint (F) 59 months
Burning of Certain Other Buildings (F) 59 months
Indecent Liberties with children (F) 59 months
Patronizing a Prostitute (minor) (F) 59 months
Possess Weapon of Mass Destruction (F) 59 months
Habitual Impaired Driving (F) 59 months
Second Degree Burglary (G) 47 months
Second Degree Arson (G) 47 months
Common Law Robbery (G) 47 months
Identity Theft (G) 47 months
Possession of Firearms by Felon (G) 47 months
Sale of Schedule 1 or 2 CS (G) 47 months
Assault by Strangulation (H) 39 months
Habitual Misdemeanor Assault (H) 39 months
Breaking or Entering Buildings (H) 39 months
Fraudulently Setting Fire to Dwelling Houses (H) 39 months
Possessing Stolen Goods (H) 39 months
Larceny of Property (more than $1000) (H) 39 months
Embezzlement (less than $100k) (H) 39 months
Obtaining Property by False Pretenses (less than $100k) (H) 39 months
Hit and Run (with injury) (H) 39 month
Sale of Schedule III,IV, V, or VI CS (H) 39 months
Possession WIMSD Cocaine (H) 39 months with intent to manufacture sell or deliver
Escaping from State Prison (H) 39 months
Breaking or Entering MV (I) 24 month motor vehicle
Financial Transaction Card Theft (I) 24 months
Forgery Notes, Checks, Securities (I) 24 months
Uttering Forged Paper/Instrument (I) 24 months
Possession WIMSD Marijuana (I) 24 months
Possess Cocaine (I) 24 months
MDMV for KSCS (I) 24 months Maintain Motor Vehicle or Dwelling for Keeping or Selling a Controlled Substance
Obtain CS by Fraud (I) 24 months

Please note that for Class B1 through E felonies subject to the registration requirements of NCGS 14 Article 27A, add 48 months.

What to Expect in a North Carolina Felony Jury Trial

After a True Bill of Indictment is found by the Grand Jury, a case is then sent to the Superior Court Criminal Division.  In North Carolina, if a person chooses to accept a plea offer or plead guilty, this can be without a True Bill by using something called an Information.  If, however, the case goes to trial, a trial date is set and a group of twelve jurors will be selected to hear the case.  In criminal cases, both the State and the Defense are allowed six preemptive strikes when selecting the jury.  Depending on the length of the trial, alternate jurors are selected to standby in case one or more of the jurors in the original pool cannot continue jury service after the trial has commenced.

Contact a North Carolina Felony Lawyer Today

At LAWSMITH, The Law Offices of J. Scott Smith, PLLC, our attorneys are looking out for your best interests.  Our lawyers have the knowledge and experience to handle a wide array of felony cases and the ability to successfully navigate your felony case through the vast system of Criminal Superior Court to get you the best possible outcome for your case.  Our lawyers fight.  Call us today.