Criminal penalties in North Carolina
Checked in October 2026 against the General Statutes of North Carolina, Chapters 14, 15A and 20.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
How North Carolina sets penalties
- North Carolina sorts felonies into classes: A (death or life without parole), B1, B2, C, D, E, F, G, H and I (G.S. 15A-1340.17). Misdemeanors are Class A1, 1, 2 and 3.
- Felony sentences follow a chart of 'structured sentencing' in G.S. 15A-1340.17. For each class and each Prior Record Level (I to VI), the chart gives a range of minimum terms: a mitigated range, a presumptive range and an aggravated range. The maximum term follows from the minimum by tables in subsections (d) and (e). This table uses Prior Record Level I (0 to 1 record points), which is where a person with no prior convictions starts. The 'min' and 'max' shown are the lowest minimum in the mitigated range and the longest maximum that goes with the highest minimum in the aggravated range.
- For the lowest classes (H, I, and parts of E to G) the chart authorises a community or intermediate punishment, such as probation, instead of active prison, so a prison term is not always required.
- A fine may be added to a prison sentence, and its amount is in the court's discretion unless a specific statute sets it (G.S. 15A-1340.17(b)).
- Sentence enhancements apply in some cases. For example, a person who had a firearm about them during a burglary is sentenced one class higher (G.S. 14-52(b)). This table shows the unenhanced class.
Death penalty: Yes. First-degree murder is a Class A felony punished with death or imprisonment for life without parole, as the court decides under G.S. 15A-2000 (N.C. Gen. Stat. § 14-17(a)). A person under 18 at the time of the murder is sentenced under a separate Part of Article 81B of Chapter 15A.
First-degree murder
Death or life without parole (Class A)
Murder in the first degree (by poison, lying in wait, torture, willful, deliberate and premeditated killing, or during a listed felony) (Class A felony)
- Least
- Life imprisonment without parole
- Most
- Death
Murder in the first degree is a Class A felony, punished with death or imprisonment for life without parole, as the court decides under G.S. 15A-2000 (G.S. 14-17(a)).
Second-degree murder
Class B1 (144 to 372 months), or Class B2 (94 to 248 months) if based on a reckless inherently dangerous act
Murder in the second degree, where the malice is based on an inherently dangerous act done recklessly and wantonly (Class B2 felony)
- Least
- 94 months (7 years 10 months)
- Most
- 248 months (20 years 8 months)
- Fine
- Fine in the court's discretion, in addition to imprisonment
Prior Record Level I: the minimum term runs from 94 to 196 months (mitigated 94 to 125, presumptive 125 to 157, aggravated 157 to 196). The maximum is 248 months where the minimum is 196 (G.S. 15A-1340.17(e)). Active prison is required.
Murder in the second degree (other) (Class B1 felony)
- Least
- 144 months (12 years)
- Most
- 372 months (31 years)
- Fine
- Fine in the court's discretion, in addition to imprisonment
Prior Record Level I: the minimum term runs from 144 to 300 months (mitigated 144 to 192, presumptive 192 to 240, aggravated 240 to 300). The maximum is set from the minimum by G.S. 15A-1340.17(e): 372 months where the minimum is 300. Active prison is required.
Voluntary manslaughter
Class F (involuntary) up to Class D (voluntary)
Involuntary manslaughter (Class F felony)
- Least
- 10 months
- Most
- 33 months (2 years 9 months)
- Fine
- Fine in the court's discretion, in addition to imprisonment
Prior Record Level I: the minimum term runs from 10 to 20 months. The maximum is 33 months where the minimum is 20 (G.S. 15A-1340.17(d)). The chart allows an intermediate or active punishment at this level.
Voluntary manslaughter (Class D felony)
- Least
- 38 months (3 years 2 months)
- Most
- 108 months (9 years)
- Fine
- Fine in the court's discretion, in addition to imprisonment
Prior Record Level I: the minimum term runs from 38 to 80 months (mitigated 38 to 51, presumptive 51 to 64, aggravated 64 to 80). The maximum is 108 months where the minimum is 80 (G.S. 15A-1340.17(e)). Active prison is required.
Robbery
Class D (38 to 108 months)
Robbery with firearms or other dangerous weapons (Class D felony)
- Least
- 38 months (3 years 2 months)
- Most
- 108 months (9 years)
- Fine
- Fine in the court's discretion, in addition to imprisonment
Prior Record Level I: the minimum term runs from 38 to 80 months (mitigated 38 to 51, presumptive 51 to 64, aggravated 64 to 80). The maximum is 108 months where the minimum is 80 (G.S. 15A-1340.17(e)). Active prison is required. North Carolina's statute read covers robbery with a dangerous weapon. Common-law robbery without a weapon is a separate, lower offence that was not read for this table.
Burglary
Class G (second degree) up to Class D (first degree)
Burglary in the second degree (breaking and entering a dwelling with intent to commit a felony or larceny, unoccupied) (Class G felony)
- Least
- 8 months
- Most
- 29 months (2 years 5 months)
- Fine
- Fine in the court's discretion, in addition to imprisonment
Prior Record Level I: the minimum term runs from 8 to 16 months. The maximum is 29 months where the minimum is 16 (G.S. 15A-1340.17(d)). The chart allows an intermediate or active punishment at this level.
Burglary in the first degree (the same, with a person actually in the dwelling) (Class D felony)
- Least
- 38 months (3 years 2 months)
- Most
- 108 months (9 years)
- Fine
- Fine in the court's discretion, in addition to imprisonment
Prior Record Level I: the minimum term runs from 38 to 80 months (mitigated 38 to 51, presumptive 51 to 64, aggravated 64 to 80). The maximum is 108 months where the minimum is 80 (G.S. 15A-1340.17(e)). Active prison is required.
Arson
Class E (unoccupied dwelling) up to Class D (occupied dwelling)
Arson in the second degree (burning an unoccupied dwelling) (Class E felony)
- Least
- 15 months (1 year 3 months)
- Most
- 50 months (4 years 2 months)
- Fine
- Fine in the court's discretion, in addition to imprisonment
Prior Record Level I: the minimum term runs from 15 to 31 months (mitigated 15 to 20, presumptive 20 to 25, aggravated 25 to 31). The maximum is 50 months where the minimum is 31 (G.S. 15A-1340.17(e)). The chart allows an intermediate or active punishment at this level.
Arson in the first degree (burning an occupied dwelling) (Class D felony)
- Least
- 38 months (3 years 2 months)
- Most
- 108 months (9 years)
- Fine
- Fine in the court's discretion, in addition to imprisonment
Prior Record Level I: the minimum term runs from 38 to 80 months (mitigated 38 to 51, presumptive 51 to 64, aggravated 64 to 80). The maximum is 108 months where the minimum is 80 (G.S. 15A-1340.17(e)). Active prison is required.
Aggravated assault
Class E up to Class C
Assault with a deadly weapon inflicting serious injury, or with intent to kill (Class E felony)
- Least
- 15 months (1 year 3 months)
- Most
- 50 months (4 years 2 months)
- Fine
- Fine in the court's discretion, in addition to imprisonment
Prior Record Level I: the minimum term runs from 15 to 31 months (mitigated 15 to 20, presumptive 20 to 25, aggravated 25 to 31). The maximum is 50 months where the minimum is 31 (G.S. 15A-1340.17(e)). The chart allows an intermediate or active punishment at this level.
Assault with a deadly weapon with intent to kill and inflicting serious injury (Class C felony)
- Least
- 44 months (3 years 8 months)
- Most
- 123 months (10 years 3 months)
- Fine
- Fine in the court's discretion, in addition to imprisonment
Prior Record Level I: the minimum term runs from 44 to 92 months (mitigated 44 to 58, presumptive 58 to 73, aggravated 73 to 92). The maximum is 123 months where the minimum is 92 (G.S. 15A-1340.17(e)). Active prison is required.
Rape and sexual assault
Class C (second degree) up to Class B1 (first degree)
Second-degree forcible rape (Class C felony)
- Least
- 44 months (3 years 8 months)
- Most
- 123 months (10 years 3 months)
- Fine
- Fine in the court's discretion, in addition to imprisonment
Prior Record Level I: the minimum term runs from 44 to 92 months (mitigated 44 to 58, presumptive 58 to 73, aggravated 73 to 92). The maximum is 123 months where the minimum is 92 (G.S. 15A-1340.17(e)). Active prison is required.
First-degree forcible rape (Class B1 felony)
- Least
- 144 months (12 years)
- Most
- 372 months (31 years)
- Fine
- Fine in the court's discretion, in addition to imprisonment
Prior Record Level I: the minimum term runs from 144 to 300 months (mitigated 144 to 192, presumptive 192 to 240, aggravated 240 to 300). The maximum is set from the minimum by G.S. 15A-1340.17(e): 372 months where the minimum is 300. Active prison is required.
Kidnapping
Class E (second degree) up to Class C (first degree)
Kidnapping in the second degree (the person was released in a safe place, not seriously injured or sexually assaulted) (Class E felony)
- Least
- 15 months (1 year 3 months)
- Most
- 50 months (4 years 2 months)
- Fine
- Fine in the court's discretion, in addition to imprisonment
Prior Record Level I: the minimum term runs from 15 to 31 months (mitigated 15 to 20, presumptive 20 to 25, aggravated 25 to 31). The maximum is 50 months where the minimum is 31 (G.S. 15A-1340.17(e)). The chart allows an intermediate or active punishment at this level.
Kidnapping in the first degree (Class C felony)
- Least
- 44 months (3 years 8 months)
- Most
- 123 months (10 years 3 months)
- Fine
- Fine in the court's discretion, in addition to imprisonment
Prior Record Level I: the minimum term runs from 44 to 92 months (mitigated 44 to 58, presumptive 58 to 73, aggravated 73 to 92). The maximum is 123 months where the minimum is 92 (G.S. 15A-1340.17(e)). Active prison is required.
Embezzlement
Class H (under $100,000) up to Class C ($100,000 or more)
Embezzlement of property of less than $100,000 (Class H felony)
- Least
- 4 months
- Most
- 19 months (1 year 7 months)
- Fine
- Fine in the court's discretion, in addition to imprisonment
Prior Record Level I: the minimum term runs from 4 to 8 months. The maximum is 19 months where the minimum is 8 (G.S. 15A-1340.17(d)). The chart allows a community, intermediate or active punishment at this level, so a prison term is not required.
Embezzlement of property of $100,000 or more (Class C felony)
- Least
- 44 months (3 years 8 months)
- Most
- 123 months (10 years 3 months)
- Fine
- Fine in the court's discretion, in addition to imprisonment
Prior Record Level I: the minimum term runs from 44 to 92 months (mitigated 44 to 58, presumptive 58 to 73, aggravated 73 to 92). The maximum is 123 months where the minimum is 92 (G.S. 15A-1340.17(e)). Active prison is required.
Forgery
Class I (19 months maximum) and a Class G felony for five or more counterfeit instruments
Forgery of an instrument (counterfeit instruments, forged checks) (Class I felony)
- Least
- 3 months
- Most
- 19 months (1 year 7 months)
- Fine
- Fine in the court's discretion, in addition to imprisonment
Prior Record Level I: the minimum term runs from 3 to 8 months. The maximum is 19 months where the minimum is 8 (G.S. 15A-1340.17(d)). The chart allows a community punishment at this level, so a prison term is not required.
Transporting or possessing five or more counterfeit instruments with intent to defraud (Class G felony)
- Least
- 8 months
- Most
- 29 months (2 years 5 months)
- Fine
- Fine in the court's discretion, in addition to imprisonment
Prior Record Level I: the minimum term runs from 8 to 16 months. The maximum is 29 months where the minimum is 16 (G.S. 15A-1340.17(d)). The chart allows an intermediate or active punishment at this level.
Drunk driving, first offence
Level 5: up to 60 days and $200; up to Aggravated Level One: 12 to 36 months and $10,000
Impaired driving, Level 5 punishment (Impaired driving)
- Least
- 24 hours (may be suspended)
- Most
- 60 days
- Fine
- Up to $200
Impaired driving, Level One punishment (Impaired driving)
- Least
- 30 days
- Most
- 24 months
- Fine
- Up to $4,000
Impaired driving, Aggravated Level One punishment (three or more grossly aggravating factors) (Impaired driving)
- Least
- 12 months
- Most
- 36 months
- Fine
- Up to $10,000
North Carolina grades impaired driving into Level 5 (the lightest), Level 4, 3, 2, 1 and Aggravated Level 1, by the aggravating and mitigating factors that the court finds, and not by the number of prior convictions. The lightest, Level 5, carries a fine of up to $200 and a term of imprisonment of at least 24 hours and at most 60 days, which may be suspended. Level 1 carries a fine of up to $4,000 and a minimum of 30 days and a maximum of 24 months. Aggravated Level 1 carries a fine of up to $10,000 and a minimum of 12 months and a maximum of 36 months, without parole. Levels 2 to 4 sit in between and were not read in full.
Compare with: Iowa, Arizona, California, New York, Florida, Texas, Virginia, Washington, Maryland, Minnesota, Maine, South Carolina, Delaware, North Dakota, South Dakota, Alabama, Alaska, Ohio, Michigan, Massachusetts, Missouri, Nebraska.
