“Violent Offenses” under G.S. 15A-531(9)

December 1 is approaching, which means that many of the changes enacted by the General Assembly this session will be taking effect soon. Among the pending changes are those enacted by Iryna’s law (H 307), which I covered in greater detail in an earlier blog post. This follow-up post focuses on the new category of “violent offenses.” Violent offenses are defined in new subsection G.S. 15A-531(9) as including any of the following: Any Class A through G felony that includes assault, the use of physical force against a person, or the threat of physical force against a person, as an essential element of the offense. Any felony offense requiring registration as a sex offender, whether or not the person is currently required to register. An offense under G.S. 14-17, and any other offense listed in G.S. 15A-533(b). An offense under G.S. 14‑18.4, 14-34.1, 14-51, 14-54(a1), 14-202.1, 14-277.3A, or 14-415.1, or an offense under G.S. 90-95(h)(4c) that involves fentanyl. Attempts to commit any of the listed offenses. The new classification of violent offenses does not affect the offenses that qualify for violent habitual felon status under G.S. 14-7.7. The status offense sets forth its own definition of “violent felony,” and that statute has not been amended to reflect or otherwise reference “violent offenses” as created by H 307. The category of “violent offenses” created by H 307 applies only to conditions of pretrial release. List of qualifying offenses It may be useful for judicial officials setting conditions of release to have handy [...]