Criminal Sentencing in N.C.

Structured Sentencing

• In 2011, N.C. passed the Structured Sentencing law to organize the punishment of criminals.– Sentencing based on the

severity of the crime and prior convictions

– Felons must serve 100% of minimum sentence (no parole)

3 Types of Punishment

• Active: Time in Prison or Jail– Sentences more than 90

days are assigned to prison, less will serve in local jails

3 Types of Punishment

• Intermediate:– Split Sentence: Jail Time

followed by Probation– House Arrest– Intensive Supervision– Residential Center– Day Reporting Center– Drug Treatment Court

3 Types of Punishment

• Community: Typical Probation, community service, restitution(payment) and/or substance abuse treatment

Aggravating v. Mitigating Circumstances

• The punishment of a criminal can be increased or decreased based on the following:– Aggravating: Particularly

gruesome murder, involving children etc.

– Mitigating: Prior abuse by victim, young age etc.

Prior Convictions

Points assigned for crime:• A Felony=10 points• B1 Felony=9 points• B2,C,D Felony=6 points• E,F,G Felony= 4 points• H,I Felony=2 points• Misdemeanor=1 point

Issue the Sentence!

• Lexi has no prior offenses and is convicted of First Degree Murder. What is her minimum sentence?

Issue the Sentence!

• Beze has a prior conviction of assault to kill with a deadly weapon (with intent to kill and cause serious injury) Class C and is convicted of felony vandalism Class H. What is his maximum sentence?

Issue the Sentence

• Kyle is convicted of soliciting Darby for (1st Degree) kidnapping. He has a prior conviction for extortion. Can he be sentenced to house arrest? (If so, how long?) Explain why.