FAQ on Consecutive Sentences for Misdemeanors

The rules limiting consecutive sentences for misdemeanors can be tricky. This post addresses some of the issues that come up from time to time. First, a reminder about the rules. There are two, and they are both in G.S. 15A-1340.22(a). If the court imposes consecutive sentences for two or more misdemeanors, and the most serious misdemeanor is in Class A1, Class 1, or Class 2, the cumulative length of the sentences of imprisonment shall not exceed twice the maximum sentence authorized for the class and prior conviction level of the most serious offense. Consecutive sentences shall not be imposed if all convictions are for Class 3 misdemeanors. Do the rules apply in superior court? Yes. They are misdemeanor sentencing rules, not district court rules. The “twice the maximum sentence authorized” rule refers to this defendant, not the hypothetical worst-case defendant. The rule says the cumulative length of consecutive sentences shall not exceed twice the maximum sentence authorized for the class and prior conviction level of the most serious offense. That means you must take the defendant’s prior conviction level into account when determining the upper boundary of your aggregate sentence. For example, suppose a defendant is convicted of five counts of Class A1 assault on a female. He has three prior convictions and is prior conviction level II. The longest cumulative sentence of imprisonment the court may impose is 150 days, because the maximum sentence authorized for the class and prior conviction level of the most serious offense is 75 days. Double [...]