Judgment and Commitment upon Revocation of Probation or Election to Serve Sentence - Misdemeanor(s): 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.
Winston–Salem North Carolina Judgment and Commitment upon Revocation of Probation or Election to Server Sentence - Misdemeanors - Structured Sentencing
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State:
North Carolina
City:
Winston–Salem
Control #:
NC-CR-608
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PDF
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FAQ
Suspended sentences are custodial sentences where the offender does not have to go to prison provided that they commit no further offences and comply with any requirements imposed. They are used only when the custodial sentence is no longer than two years. A suspended sentence is both a punishment and a deterrent.
(A suspended sentence means the defendant does not serve any prison time unless he/she is later found to be in violation of his/her probation.) The absolute maximum sentence a judge could give the defendant would be 36-56 months in prison.
No. Under the terms of realignment, you may qualify for a split sentence if you are sentenced to county jail. If this happens to you, the judge has the option to split your sentence between some custody time and release to the community under mandatory supervision.
For felonies, the defendant can earn time off of the maximum sentence imposed, but must serve at least 100 percent of the minimum sentence and 85 percent of the maximum. If an individual was detained pretrial on the charges, that time will be credited toward their sentence.
Class H felonies carry a maximum sentence of thirty-nine months in prison and include the following: Assault by strangulation. Embezzlement of amounts less than $100,000. Habitual misdemeanor assault.
There is a subset of supervised probation called ?special probation.? In addition to the regular elements of probation (a probationary period and a suspended sentence), there is a ?split sentence.? The split is a number of days you have to do in jail, regardless of whether your probation is revoked, in order to
Does a suspended sentence mean a criminal record? Yes. A suspended sentence usually stays on a person's criminal record. places the defendant on probation.
How long do offenders spend in prison? Those placed in immediate custody by the courts go straight to jail. For about 90% of such sentences, an automatic release is granted half-way through the sentence. The offender is then on licence for the remainder of it.
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.
Class G felonies are the third-to-the-lowest in the class ranking. This felony falls under the mid-level felony, and may include violent assaults, involuntary manslaughter, and common-law robbery. These also carry the possibility of intensive probation.