Special Sentencing Rules

Aside from a few notable exceptions (impaired driving, drug trafficking, and first-degree murder), most North Carolina crimes are sentenced under Structured Sentencing. Some crimes have additional sentencing wrinkles—a kind of Structured Sentencing plus—that kick in by statute. Today’s post is a noncomprehensive list of some of the most common offense-specific sentencing provisions. Statutory rape (G.S. 14-27.23) or sexual offense (G.S. 14-27.28) by an adult. These are Class B1 felonies, but with a 300-month mandatory minimum sentence and mandatory lifetime satellite-based monitoring. The statutes also provide for a sentence of up to life without parole with findings of “egregious aggravation,” but that provision is almost certainly unconstitutional as written, as discussed here. Secretly peeping (G.S. 14-202). For a first conviction, the court may impose a requirement that the defendant obtain a psychological evaluation and comply with any treatment recommended. For a second or subsequent conviction, the court must impose that requirement. Aggravated felony death by vehicle (G.S. 20-141.4(a5)). This crime is a Class D felony, but with the additional requirement that the court must sentence the defendant in the aggravated range. G.S. 20-141(b)(1a). I understand that rule essentially to convert the aggravated range into the presumptive range for this offense, thus allowing the higher sentence without any findings of aggravating factors. Felony death by vehicle (G.S. 20-141.4(a1)). Recently made a Class D felony, but with a special authorization for intermediate probation for Prior Record Level I offenders even though the sentencing grid ordinarily calls for active time there. It’s a sort of built-in extraordinary mitigation [...]