Determining Disposition Level in Delinquency Cases

Published for NC Criminal Law on April 25, 2023.

Determination of the correct disposition level available in a delinquency case requires a four-step process. Identify the offense for which disposition is being entered (hereinafter referred to as the “disposition offense”). Identify the offense classification for the disposition offense. Calculate the juvenile’s delinquency history level. Use the disposition chart to identify the corresponding level or levels for the case. 1. Identify the Disposition Offense. One might think that this would not be difficult. A juvenile is adjudicated delinquent for a certain offense and then disposition is entered for that offense. Sometimes it is just that easy. However, many times it is more complicated. Multiple Adjudications in During the Same Session of Court Juveniles are sometimes adjudicated for multiple offenses during the same session of court. They may come to court for adjudication of multiple offenses related to the same event, such as disorderly conduct, assault on school personnel, and resisting a public officer that all occurred during one event at school. A juvenile may also come to court on a single day for adjudication of multiple offenses that are not related, such as charges of breaking and entering that occurred on one day and charges of common law robbery that occurred on a different day. In either of these scenarios, when a juvenile is adjudicated for multiple offenses during the same session of court, G.S. 7B-2508(h) requires the consolidation of all adjudicated offenses for disposition and imposition of one disposition for the consolidated offenses. Under these circumstances, the disposition offense must [...]