§ 15A‑1340.17. Punishment limits for each class of offense and prior record level.
(a) OffenseClassification; Default Classifications. The offense classification is asspecified in the offense for which the sentence is being imposed. If theoffense is a felony for which there is no classification, it is a Class Ifelony.
(b) Fines. Anyjudgment that includes a sentence of imprisonment may also include a fine. If acommunity punishment is authorized, the judgment may consist of a fine only.Additionally, when the defendant is other than an individual, the judgment mayconsist of a fine only. Unless otherwise provided, the amount of the fine is inthe discretion of the court.
(c) Punishments forEach Class of Offense and Prior Record Level; Punishment Chart Described. Theauthorized punishment for each class of offense and prior record level is asspecified in the chart below. Prior record levels are indicated by the Romannumerals placed horizontally on the top of the chart. Classes of offense areindicated by the letters placed vertically on the left side of the chart. Eachcell on the chart contains the following components:
(1) A sentencedisposition or dispositions: "C" indicates that a communitypunishment is authorized; "I" indicates that an intermediatepunishment is authorized; "A" indicates that an active punishment isauthorized; and "Life Imprisonment Without Parole" indicates that thedefendant shall be imprisoned for the remainder of the prisoner's natural life.
(2) A presumptive rangeof minimum durations, if the sentence of imprisonment is neither aggravated ormitigated; any minimum term of imprisonment in that range is permitted unlessthe court finds pursuant to G.S. 15A‑1340.16 that an aggravated ormitigated sentence is appropriate. The presumptive range is the middle of thethree ranges in the cell.
(3) A mitigated range ofminimum durations if the court finds pursuant to G.S. 15A‑1340.16 that amitigated sentence of imprisonment is justified; in such a case, any minimumterm of imprisonment in the mitigated range is permitted. The mitigated rangeis the lower of the three ranges in the cell.
(4) An aggravated rangeof minimum durations if the court finds pursuant to G.S. 15A‑1340.16 thatan aggravated sentence of imprisonment is justified; in such a case, anyminimum term of imprisonment in the aggravated range is permitted. Theaggravated range is the higher of the three ranges in the cell.
PRIOR RECORD LEVEL
I II III IV V VI
0‑1 Pt 2‑5Pts 6‑9 Pts 10‑13 Pts 14‑17 Pts 18+Pts
A LifeImprisonment Without Parole or Death as Established by Statute
D 51‑64 59‑73 67‑^t84 78‑97 89‑111 103‑128 PRESUMPTIVE
38‑51 44‑59 51‑67 58‑78 67‑89 77‑103 Mitigated
I/A I/A A A A A DISPOSITION
25‑31 29‑36 33‑41 38‑48 44‑55 50‑63 Aggravated
E 20‑25 23‑29 26‑33 30‑38 35‑44 40‑50 PRESUMPTIVE
15‑20 17‑23 20‑26 23‑30 26‑35 30‑40 Mitigated
I/A I/A I/A A A A DISPOSITION
16‑20 19‑23 21‑27 25‑31 28‑36 33‑41 Aggravated
F 13‑16 15‑19 17‑21 20‑25 23‑28 26‑33 PRESUMPTIVE
10‑13 11‑15 13‑17 15‑20 17‑23 20‑26 Mitigated
I/A I/A I/A I/A A A DISPOSITION
13‑16 14‑18 17‑21 19‑24 22‑27 25‑31 Aggravated
G 10‑13 12‑14 13‑17 15‑19 17‑22 20‑25 PRESUMPTIVE
8‑10 9‑12 10‑13 11‑15 13‑17 15‑20 Mitigated
C/I/A I/A I/A I/A I/A A DISPOSITION
6‑8 8‑10 10‑12 11‑14 15‑19 20‑25 Aggravated
H 5‑6 6‑8 8‑10 9‑11 12‑15 16‑20 PRESUMPTIVE
4‑5 4‑6 6‑8 7‑9 9‑12 12‑16 Mitigated
C C/I I I/A I/A I/A DISPOSITION
6‑8 6‑8 6‑8 8‑10 9‑11 10‑12 Aggravated
I 4‑6 4‑6 5‑6 6‑8 7‑9 8‑10 PRESUMPTIVE
3‑4 3‑4 4‑5 4‑6 5‑7 6‑8 Mitigated
(d) Maximum SentencesSpecified for Class F through Class I Felonies. Unless provided otherwise ina statute establishing a punishment for a specific crime, for each minimum termof imprisonment in the chart in subsection (c) of this section, expressed inmonths, the corresponding maximum term of imprisonment, also expressed inmonths, is as specified in the table below for Class F through Class Ifelonies. The first figure in each cell in the table is the minimum term andthe second is the maximum term.
3‑4 4‑5 5‑6 6‑8 7‑9 8‑10 9‑11 10‑12
11‑14 12‑15 13‑16 14‑17 15‑18 16‑20 17‑21 18‑22
19‑23 20‑24 21‑26 22‑27 23‑28 24‑29 25‑30 26‑32
27‑33 28‑34 29‑35 30‑36 31‑38 32‑39 33‑40 34‑41
35‑42 36‑44 37‑45 38‑46 39‑47 40‑48 41‑50 42‑51
43‑52 44‑53 45‑54 46‑56 47‑57 48‑58 49‑59
(e) Maximum SentencesSpecified for Class B1 through Class E Felonies for Minimum Terms up to 339Months. Unless provided otherwise in a statute establishing a punishment fora specific crime, for each minimum term of imprisonment in the chart insubsection (c) of this section, expressed in months, the corresponding maximumterm of imprisonment, also expressed in months, is as specified in the tablebelow for Class B1 through Class E felonies. The first figure in each cell ofthe table is the minimum term and the second is the maximum term.
(e1) Maximum SentencesSpecified for Class B1 through Class E Felonies for Minimum Terms of 340 Monthsor More. Unless provided otherwise in a statute establishing a punishment fora specific crime, when the minimum sentence is 340 months or more, thecorresponding maximum term of imprisonment shall be equal to the sum of theminimum term of imprisonment and twenty percent (20%) of the minimum term ofimprisonment, rounded to the next highest month, plus nine additional months. (1993, c. 538, s. 1; 1994,Ex. Sess., c. 14, ss. 20, 21; c. 22, s. 7; c. 24, s. 14(b); 1995, c. 507, s.19.5(l); 1997‑80, s. 3; 2009‑555, s. 2; 2009‑556, s. 1.)
§ 15A‑1340.17. Punishment limits for each class of offense and prior record level.
(a) OffenseClassification; Default Classifications. The offense classification is asspecified in the offense for which the sentence is being imposed. If theoffense is a felony for which there is no classification, it is a Class Ifelony.
(b) Fines. Anyjudgment that includes a sentence of imprisonment may also include a fine. If acommunity punishment is authorized, the judgment may consist of a fine only.Additionally, when the defendant is other than an individual, the judgment mayconsist of a fine only. Unless otherwise provided, the amount of the fine is inthe discretion of the court.
(c) Punishments forEach Class of Offense and Prior Record Level; Punishment Chart Described. Theauthorized punishment for each class of offense and prior record level is asspecified in the chart below. Prior record levels are indicated by the Romannumerals placed horizontally on the top of the chart. Classes of offense areindicated by the letters placed vertically on the left side of the chart. Eachcell on the chart contains the following components:
(1) A sentencedisposition or dispositions: "C" indicates that a communitypunishment is authorized; "I" indicates that an intermediatepunishment is authorized; "A" indicates that an active punishment isauthorized; and "Life Imprisonment Without Parole" indicates that thedefendant shall be imprisoned for the remainder of the prisoner's natural life.
(2) A presumptive rangeof minimum durations, if the sentence of imprisonment is neither aggravated ormitigated; any minimum term of imprisonment in that range is permitted unlessthe court finds pursuant to G.S. 15A‑1340.16 that an aggravated ormitigated sentence is appropriate. The presumptive range is the middle of thethree ranges in the cell.
(3) A mitigated range ofminimum durations if the court finds pursuant to G.S. 15A‑1340.16 that amitigated sentence of imprisonment is justified; in such a case, any minimumterm of imprisonment in the mitigated range is permitted. The mitigated rangeis the lower of the three ranges in the cell.
(4) An aggravated rangeof minimum durations if the court finds pursuant to G.S. 15A‑1340.16 thatan aggravated sentence of imprisonment is justified; in such a case, anyminimum term of imprisonment in the aggravated range is permitted. Theaggravated range is the higher of the three ranges in the cell.
PRIOR RECORD LEVEL
I II III IV V VI
0‑1 Pt 2‑5Pts 6‑9 Pts 10‑13 Pts 14‑17 Pts 18+Pts
A LifeImprisonment Without Parole or Death as Established by Statute
D 51‑64 59‑73 67‑^t84 78‑97 89‑111 103‑128 PRESUMPTIVE
38‑51 44‑59 51‑67 58‑78 67‑89 77‑103 Mitigated
I/A I/A A A A A DISPOSITION
25‑31 29‑36 33‑41 38‑48 44‑55 50‑63 Aggravated
E 20‑25 23‑29 26‑33 30‑38 35‑44 40‑50 PRESUMPTIVE
15‑20 17‑23 20‑26 23‑30 26‑35 30‑40 Mitigated
I/A I/A I/A A A A DISPOSITION
16‑20 19‑23 21‑27 25‑31 28‑36 33‑41 Aggravated
F 13‑16 15‑19 17‑21 20‑25 23‑28 26‑33 PRESUMPTIVE
10‑13 11‑15 13‑17 15‑20 17‑23 20‑26 Mitigated
I/A I/A I/A I/A A A DISPOSITION
13‑16 14‑18 17‑21 19‑24 22‑27 25‑31 Aggravated
G 10‑13 12‑14 13‑17 15‑19 17‑22 20‑25 PRESUMPTIVE
8‑10 9‑12 10‑13 11‑15 13‑17 15‑20 Mitigated
C/I/A I/A I/A I/A I/A A DISPOSITION
6‑8 8‑10 10‑12 11‑14 15‑19 20‑25 Aggravated
H 5‑6 6‑8 8‑10 9‑11 12‑15 16‑20 PRESUMPTIVE
4‑5 4‑6 6‑8 7‑9 9‑12 12‑16 Mitigated
C C/I I I/A I/A I/A DISPOSITION
6‑8 6‑8 6‑8 8‑10 9‑11 10‑12 Aggravated
I 4‑6 4‑6 5‑6 6‑8 7‑9 8‑10 PRESUMPTIVE
3‑4 3‑4 4‑5 4‑6 5‑7 6‑8 Mitigated
(d) Maximum SentencesSpecified for Class F through Class I Felonies. Unless provided otherwise ina statute establishing a punishment for a specific crime, for each minimum termof imprisonment in the chart in subsection (c) of this section, expressed inmonths, the corresponding maximum term of imprisonment, also expressed inmonths, is as specified in the table below for Class F through Class Ifelonies. The first figure in each cell in the table is the minimum term andthe second is the maximum term.
3‑4 4‑5 5‑6 6‑8 7‑9 8‑10 9‑11 10‑12
11‑14 12‑15 13‑16 14‑17 15‑18 16‑20 17‑21 18‑22
19‑23 20‑24 21‑26 22‑27 23‑28 24‑29 25‑30 26‑32
27‑33 28‑34 29‑35 30‑36 31‑38 32‑39 33‑40 34‑41
35‑42 36‑44 37‑45 38‑46 39‑47 40‑48 41‑50 42‑51
43‑52 44‑53 45‑54 46‑56 47‑57 48‑58 49‑59
(e) Maximum SentencesSpecified for Class B1 through Class E Felonies for Minimum Terms up to 339Months. Unless provided otherwise in a statute establishing a punishment fora specific crime, for each minimum term of imprisonment in the chart insubsection (c) of this section, expressed in months, the corresponding maximumterm of imprisonment, also expressed in months, is as specified in the tablebelow for Class B1 through Class E felonies. The first figure in each cell ofthe table is the minimum term and the second is the maximum term.
(e1) Maximum SentencesSpecified for Class B1 through Class E Felonies for Minimum Terms of 340 Monthsor More. Unless provided otherwise in a statute establishing a punishment fora specific crime, when the minimum sentence is 340 months or more, thecorresponding maximum term of imprisonment shall be equal to the sum of theminimum term of imprisonment and twenty percent (20%) of the minimum term ofimprisonment, rounded to the next highest month, plus nine additional months. (1993, c. 538, s. 1; 1994,Ex. Sess., c. 14, ss. 20, 21; c. 22, s. 7; c. 24, s. 14(b); 1995, c. 507, s.19.5(l); 1997‑80, s. 3; 2009‑555, s. 2; 2009‑556, s. 1.)
§ 15A‑1340.17. Punishment limits for each class of offense and prior record level.
(a) OffenseClassification; Default Classifications. The offense classification is asspecified in the offense for which the sentence is being imposed. If theoffense is a felony for which there is no classification, it is a Class Ifelony.
(b) Fines. Anyjudgment that includes a sentence of imprisonment may also include a fine. If acommunity punishment is authorized, the judgment may consist of a fine only.Additionally, when the defendant is other than an individual, the judgment mayconsist of a fine only. Unless otherwise provided, the amount of the fine is inthe discretion of the court.
(c) Punishments forEach Class of Offense and Prior Record Level; Punishment Chart Described. Theauthorized punishment for each class of offense and prior record level is asspecified in the chart below. Prior record levels are indicated by the Romannumerals placed horizontally on the top of the chart. Classes of offense areindicated by the letters placed vertically on the left side of the chart. Eachcell on the chart contains the following components:
(1) A sentencedisposition or dispositions: "C" indicates that a communitypunishment is authorized; "I" indicates that an intermediatepunishment is authorized; "A" indicates that an active punishment isauthorized; and "Life Imprisonment Without Parole" indicates that thedefendant shall be imprisoned for the remainder of the prisoner's natural life.
(2) A presumptive rangeof minimum durations, if the sentence of imprisonment is neither aggravated ormitigated; any minimum term of imprisonment in that range is permitted unlessthe court finds pursuant to G.S. 15A‑1340.16 that an aggravated ormitigated sentence is appropriate. The presumptive range is the middle of thethree ranges in the cell.
(3) A mitigated range ofminimum durations if the court finds pursuant to G.S. 15A‑1340.16 that amitigated sentence of imprisonment is justified; in such a case, any minimumterm of imprisonment in the mitigated range is permitted. The mitigated rangeis the lower of the three ranges in the cell.
(4) An aggravated rangeof minimum durations if the court finds pursuant to G.S. 15A‑1340.16 thatan aggravated sentence of imprisonment is justified; in such a case, anyminimum term of imprisonment in the aggravated range is permitted. Theaggravated range is the higher of the three ranges in the cell.
PRIOR RECORD LEVEL
I II III IV V VI
0‑1 Pt 2‑5Pts 6‑9 Pts 10‑13 Pts 14‑17 Pts 18+Pts
A LifeImprisonment Without Parole or Death as Established by Statute
D 51‑64 59‑73 67‑^t84 78‑97 89‑111 103‑128 PRESUMPTIVE
38‑51 44‑59 51‑67 58‑78 67‑89 77‑103 Mitigated
I/A I/A A A A A DISPOSITION
25‑31 29‑36 33‑41 38‑48 44‑55 50‑63 Aggravated
E 20‑25 23‑29 26‑33 30‑38 35‑44 40‑50 PRESUMPTIVE
15‑20 17‑23 20‑26 23‑30 26‑35 30‑40 Mitigated
I/A I/A I/A A A A DISPOSITION
16‑20 19‑23 21‑27 25‑31 28‑36 33‑41 Aggravated
F 13‑16 15‑19 17‑21 20‑25 23‑28 26‑33 PRESUMPTIVE
10‑13 11‑15 13‑17 15‑20 17‑23 20‑26 Mitigated
I/A I/A I/A I/A A A DISPOSITION
13‑16 14‑18 17‑21 19‑24 22‑27 25‑31 Aggravated
G 10‑13 12‑14 13‑17 15‑19 17‑22 20‑25 PRESUMPTIVE
8‑10 9‑12 10‑13 11‑15 13‑17 15‑20 Mitigated
C/I/A I/A I/A I/A I/A A DISPOSITION
6‑8 8‑10 10‑12 11‑14 15‑19 20‑25 Aggravated
H 5‑6 6‑8 8‑10 9‑11 12‑15 16‑20 PRESUMPTIVE
4‑5 4‑6 6‑8 7‑9 9‑12 12‑16 Mitigated
C C/I I I/A I/A I/A DISPOSITION
6‑8 6‑8 6‑8 8‑10 9‑11 10‑12 Aggravated
I 4‑6 4‑6 5‑6 6‑8 7‑9 8‑10 PRESUMPTIVE
3‑4 3‑4 4‑5 4‑6 5‑7 6‑8 Mitigated
(d) Maximum SentencesSpecified for Class F through Class I Felonies. Unless provided otherwise ina statute establishing a punishment for a specific crime, for each minimum termof imprisonment in the chart in subsection (c) of this section, expressed inmonths, the corresponding maximum term of imprisonment, also expressed inmonths, is as specified in the table below for Class F through Class Ifelonies. The first figure in each cell in the table is the minimum term andthe second is the maximum term.
3‑4 4‑5 5‑6 6‑8 7‑9 8‑10 9‑11 10‑12
11‑14 12‑15 13‑16 14‑17 15‑18 16‑20 17‑21 18‑22
19‑23 20‑24 21‑26 22‑27 23‑28 24‑29 25‑30 26‑32
27‑33 28‑34 29‑35 30‑36 31‑38 32‑39 33‑40 34‑41
35‑42 36‑44 37‑45 38‑46 39‑47 40‑48 41‑50 42‑51
43‑52 44‑53 45‑54 46‑56 47‑57 48‑58 49‑59
(e) Maximum SentencesSpecified for Class B1 through Class E Felonies for Minimum Terms up to 339Months. Unless provided otherwise in a statute establishing a punishment fora specific crime, for each minimum term of imprisonment in the chart insubsection (c) of this section, expressed in months, the corresponding maximumterm of imprisonment, also expressed in months, is as specified in the tablebelow for Class B1 through Class E felonies. The first figure in each cell ofthe table is the minimum term and the second is the maximum term.
(e1) Maximum SentencesSpecified for Class B1 through Class E Felonies for Minimum Terms of 340 Monthsor More. Unless provided otherwise in a statute establishing a punishment fora specific crime, when the minimum sentence is 340 months or more, thecorresponding maximum term of imprisonment shall be equal to the sum of theminimum term of imprisonment and twenty percent (20%) of the minimum term ofimprisonment, rounded to the next highest month, plus nine additional months. (1993, c. 538, s. 1; 1994,Ex. Sess., c. 14, ss. 20, 21; c. 22, s. 7; c. 24, s. 14(b); 1995, c. 507, s.19.5(l); 1997‑80, s. 3; 2009‑555, s. 2; 2009‑556, s. 1.)