Being charged with a felony in North Carolina is a very serious ordeal that can have life-changing implications. Our criminal law attorneys at The Law Offices of J. Scott Smith 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. You can also visit our website to get the free consultation from our experienced Winston-Salem Felony attorneys.
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 the possibility of parole |
Second-Degree Murder (B1) | Life without the possibility of parole (14-17(b)) |
First-Degree Forcible Rape (B1) | Life without the possibility of parole |
First-Degree Statutory Rape (B1) | Life without the possibility of parole |
First-Degree Forcible Sexual Offense (B1) | Life without the possibility of parole |
First-Degree Statutory Sexual Offense (B1) | Life without the 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 a 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.
Get more information about the felony cases legal process by visiting our website or directly contacting our Winston-Salem felony lawyers team to get the free consultation.
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 pleads guilty, this can be without a True Bill by using something called Information. If, however, the case goes to trial, a trial date is set and a group of 13 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.
At The Law Offices of J. Scott Smith, 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. Contact us today.