How are sentences determined?
North Carolina operates under a policy of structured sentencing. Generally, a person’s sentence depends upon the person’s prior number and type of convictions. A grid and chart is used to determine the record level based upon the number of points a person has. Crimes are classified as type of offense and these are shown on the punishment chart. A punishment chart is located at www.aoc.state.nc.us/spac. If the punishment block shows an A, the judge must impose an active sentence. If the punishment block show an I/A, a judge may impose an active sentence, but is not required to do so. Individuals sentenced for a felony receive a maximum sentence in months and a minimum sentence in months. Generally, the person will serve 85% of the maximum sentence for a felony. 1 .Prior convictions for Class 2 and Class 3 misdemeanors do not count, nor do prior misdemeanor traffic offenses when sentencing for felonies. For example, if a person is convicted in District Court for carrying a concealed weap
