Fair Sentencing in a Nutshell

North Carolina’s first attempt at a presumptive sentencing law was the Fair Sentencing Act (FSA). The law was in effect for offenses committed from July 1, 1981 to September 30, 1994, and it continues to apply to offenses committed during that date range. A defendant being sentenced now for a crime of that vintage is not entitled to a sentence under today’s law, even if doing so would result in a far lower sentence. State v. Whitehead, 365 N.C. 444 (2012) (holding that the legislature did not intend for Structured Sentencing to apply retroactively, and rejecting the defendant’s argument that retroactive application was required under the Eighth Amendment). Almost every week I am asked about Fair Sentencing—either for an older crime being prosecuted now for the first time, or in relation to the resentencing of an inmate serving a Fair Sentencing sentence. This post addresses some of the most frequently asked questions about the FSA. Can you send me the FSA sentencing grid? The FSA didn’t use a grid like we have today. It did, however, organize felonies into different offense classifications based on their seriousness (Class A through J), and set presumptive and maximum sentences for each class of offense. Many offenses were the same offense class under Fair Sentencing as they are today, but if you ever need to know for sure, please don’t hesitate to ask. Here is a table of presumptive and maximum terms for each class of offense. The presumptive sentence applies by default. The judge [...]