Charlotte Criminal Lawyer Blog
Three Strikes Law in North Carolina
The law allows the courts some leniency, particularly when dealing with first offenders. First offenders may receive lower sentences or even qualify for a diversion program. Typically, those who committed a crime are expected to learn from their mistake by not getting involved in criminal activity in the future. The law also provides for harsher penalties for repeat offenders. North Carolina has a habitual felon statute in place that is intended to deter people from re-offending.
What is the Three Strikes Rule?
The three strikes rule is officially called the habitual felon statute. The statute is legislation that provides a sentencing framework for habitual offenders. Harsher penalties are in place for offenders who have several or more prior felony convictions. The penalties of multiple convictions are stricter than if the same crime were committed by someone for the first time. The law applies to habitual offenders.
Enhanced Penalties for Habitual Offenders
Enhanced penalties apply to habitual offenders who are convicted of subsequent crimes. The law may designate a person as a habitual offender when the individual has been convicted of three prior felonies. The felonies must occur sequentially, and the person must have been convicted of the felonies. Any convictions prior to the age of 18 count as one offense, regardless of the number of times a person was convicted.
Criminal offenses are given classes based on the severity of the crime. For sentencing, a habitual offender will be given a sentence that is elevated four classes higher than the original crime. In other words, a habitual offender’s sentence will be much stricter than a conviction for the same crime by someone who is not a habitual offender. The judge has the authority to determine the exact sentence based on guidelines provided in the law.
What Crimes are Included in the Habitual Offender Law?
Not all crimes count towards the status of habitual offender. Felony offenses, including state or federal crimes, count as prior felonies for the habitual offender law. The law includes serious crimes and not minor infractions such as misdemeanors. To count, the person must have been found guilty or must have pled guilty, thus being convicted of a felony. It is important to note that criminal convictions from other jurisdictions count towards the three-strikes rule. Any crimes from other states that are substantially similar to felonies in North Carolina are considered when determining habitual offender status.
Defending Habitual Felony Charges
The penalties for a habitual felony conviction can be substantially more serious than a typical conviction for the same crime. Therefore, it is critical to vigorously defend felony charges. Your attorney may be able to successfully argue that a prior offense should not count towards the designation of habitual offender. Your criminal defense attorney will also work to defend the current charges or try to resolve them with reduced charges. If you are facing criminal charges, don’t delay. Contact our experienced criminal defense legal team at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may face include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights and stand at the ready to fight in defense of those facing criminal charges.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_14.html
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-7.1.html
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