The Same Elements Bonus Point for Sentencing

In addition to the regular sentencing points assigned to a defendant based on his or her prior convictions, there are two additional “bonus points” that apply in certain circumstances. One is for defendants being sentenced for crimes committed while they were probation, parole, or post-release supervision; serving a sentence of imprisonment; or on escape. G.S. 15A-1340.14(b)(7). The other applies when all the elements of the offense being sentenced are included in any prior offense for which the offender was convicted. G.S. 15A-1340.14(b)(6). Today’s post discusses some of the technicalities of the second point, which I refer to as the “same elements” bonus point. The idea behind the same elements point is to elevate slightly the prior record level of a defendant being sentenced for a crime that he or she has also committed in the past. You’ve done this (or a greater offense that includes this) before. You know it’s wrong and we’re going to punish you a little more severely this time. The full language of the bonus point statute says that the point applies “whether or not the prior offense or offenses were used in determining prior record level.” On the one hand, that means a single prior conviction can do double duty, counting for points itself and also qualifying the defendant for the bonus point if it includes the elements of the offense being sentenced. On the other hand, the bonus point also applies when the prior conviction in question does not otherwise factor into the defendant’s record [...]