Judgment and Commitment Active Punishment Felony (Structured Sentencing): This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.
Charlotte North Carolina Judgment and Commitment Active Punishment Felony - Structured Sentencing
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North Carolina
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Charlotte
Control #:
NC-CR-601
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FAQ
An habitual criminal who, after having been convicted or after having served his term, commits several of the crimes mentioned in the the law, whether all at once or one after another, without having first been convicted of any of them before committing the others, cannot be sentenced to the additional penalty of each
(a) Any person who has been convicted of or pled guilty to three felony offenses in any federal court or state court in the United States or combination thereof is declared to be an habitual felon and may be charged as a status offender pursuant to this Article.
Types of sentences include probation, fines, short-term incarceration, suspended sentences, which only take effect if the convict fails to meet certain conditions, payment of restitution to the victim, community service, or drug and alcohol rehabilitation for minor crimes.
It's strange as far as legal technicalities go, but as a practical matter, what it means is that in North Carolina, if you've been convicted of three felonies before you get sentenced on a fourth one, you can be sentenced as a habitual felon.
A mandatory period of post-prison supervision is required after release. ?Three-Strikes?: An offender with three felony offenses is a habitual felon and subject to be sentenced as a Class C felon (except where the felon has been sentenced to a Class A, B1 or B2 felony).
The violent habitual felon laws were enacted in 1994. They provide for a mandatory sentence of life in prison without the possibility of parole for a defendant who, having already been convicted of two violent felonies, commits a third.
The law was called Structured Sentencing and applies to all felony and misdemeanor crimes (except Driving While Impaired and Drug Trafficking) committed on or after October 1, 1994.
Structured Sentencing in North Carolina was designed to embrace certain principles such as rationality, truthfulness, consistency, and priority of resources. It is a method of sentencing that classifies offenders based on the severity of their crime and their prior criminal record.
The Structured Sentencing Act mandates that the offender serve at least 100% of the minimum sentence and 85% of the maximum sentence. Once offenders with felony convictions have served their required time, they are released on post-release supervision.