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North Carolina law

Criminal Defense Laws in North Carolina.

North Carolina uses a Structured Sentencing system that classifies offenses by severity and determines punishment based on both the offense class and the defendant's prior criminal record. Felonies are classified into 10 classes (A through I, including B1 and B2). Misdemeanors are classified into 4 classes (A1, 1, 2, and 3). Felonies have no statute of limitations. DWI sentencing uses its own 6-level framework separate from the standard structured sentencing grid.

Last verified: 2026-02-25

State law

Statute of Limitations

No limit for felonies; 2 years for misdemeanorsN.C. Gen. Stat. § 15-1

Felonies have no statute of limitations and can be charged at any time. Misdemeanors must be charged within 2 years. "Malicious" misdemeanors have no statute of limitations.

State law

Key North Carolina Statutes

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.

Structured Sentencing (Misdemeanors)N.C. Gen. Stat. §§ 15A-1340.20 through 15A-1340.23

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 Sentencing (6-Level System)N.C. Gen. Stat. § 20-179

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.

Right to Jury TrialN.C. Gen. Stat. § 15A-1241

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.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in North Carolina.

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