All the Possible Sentences

Let’s brainstorm all the possible sentences for a Prior Record Level I defendant convicted of two Class H felonies. I’ll go first, listing my thoughts roughly from most to least severe (from the defendant’s point of view). The defendant falls in the lone C/I/A cell on the felony sentencing grid. That means all dispositional options—community, intermediate, and active—are available to the court. Let’s assume there are no aggravating or mitigating factors, so the term of imprisonment (if any) will come from the presumptive range. Consecutive active sentences. The court may, in its discretion, run the defendant’s sentences consecutively. G.S. 15A-1340.15(a). The longest presumptive active sentence for each conviction would be 6–17 months. With consecutive 6–17 month sentences, the defendant would wind up with an aggregate sentence of 12–25 months (this video explains the statutory rule for aggregating felony sentences). That translates to 12–16 months in prison (with the precise release date depending on how much earned time the defendant accrues), followed by 9 months of mandatory post-release supervision (PRS) upon release (this video explains how felony sentences are served). Contingent sentence (active sentence followed by probation). Under G.S. 15A-1346(b), the court may run a period of probation consecutively to an active sentence. More details about that type of sentence, including some of the common pitfalls, are available here. Assuming both sentences come from the presumptive range, a contingent sentence would look something like this: Judgment A: 6–17 months, active. Judgment B: 6–17 months, suspended. 36 months of supervised probation, to begin when [...]