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
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.
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 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.
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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