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First Degree Felony in North Carolina
North Carolina uses the degree system to describe crimes, with classes ranging from Class A to Class D. Nonetheless, under the North Carolina penal system, first-degree felonies are comparable to Classes A, B1, and B2 offenses. These are the most serious types of crimes, with severe penalties and significant fines.
N.C. Gen. Stat. § 14-1.1 defines first-degree felonies as crimes punishable by death, imprisonment at the State's prisons, or classified as a felony by statute. These include crimes such as:
- First-degree murder (Class A felony)
- First-degree rape (Class B1 felony)
- First-degree sexual offense (Class B1 felony)
- First-degree forcible rape (Class B1)
- Voluntary manslaughter (Class B2)
- Drug trafficking (large amounts)
- Second-degree murder
- Child abuse inflicting serious bodily injury (Class B2.
Public Access to First Degree Felony Records in North Carolina
Similar to most court documents, North Carolina felony conviction records are public. These documents are accessible to all interested entities under § 132-1 of the North Carolina General Statutes (N.C.G.S.). However, access to first-degree felony records in North Carolina excludes:
- Sealed or expunged documents
- Juvenile records
- Pending or dismissed charges.
Several options are available for individuals looking for first-degree felony records in North Carolina. These documents may be accessible through the North Carolina Judicial Branch eCourt Portal. This online search tool allows users to use names and case numbers to access non-confidential criminal records for free.
For full details or certified copies of Class A & B criminal records, mail or visit the clerk's office of the county-level Superior Court that handled the specific case. These documents are also accessible through Public Access Terminals at the various North Carolina courthouses.
Record seekers can also search for North Carolina felony records online through third-party websites. However, documents from these sources may need verification because there are no guarantees of their accuracy.
| Source | Access Type | Website / Location |
|---|---|---|
| Clerk of Court | Mail/In-person | Individuals seeking comprehensive case files on felony cases or certified copies of these documents should visit the clerk's office of the Superior Court that handled the specific case |
| State Court System | Online portal | The North Carolina Judicial Branch eCourt ACCESS Portal |
| Third-party record search | Online (may charge) | Northcarolinacourtrecords.us |
Common Crimes Classified as First Degree Felonies in North Carolina
In North Carolina, first-degree felonies fall within Class A and Class B crimes. These offenses have the most severe penalties under the North Carolina criminal law. First-degree felonies in North Carolina include first-degree murder (the only explicit Class A crime under state law), and Class B offenses, such as:
- First-degree rape (N.C. Gen. Stat. § 14-27.21)
- First-degree sexual offense (N.C. Gen. Stat. § 14-27.26)
- Statutory rape of a child by an adult (N.C. Gen. Stat. § 14-27.23)
- Second-degree murder (certain circumstances) (N.C. Gen. Stat. § 14-17(b))
- Sexual offense with a child (age-based variations) (N.C. Gen. Stat. § 14-27.30 et seq.).
Finding data on recent first-degree felonies in North Carolina is challenging. However, data from the North Carolina Sentencing and Policy Advisory Commission show 88 Class A, 431 Class B1, and 201 Class B2 convictions in North Carolina in 2024. These figures make up 2.66% of the 27,088 felony convictions in 2024.
| Crime | Brief Description |
|---|---|
| first-degree murder |
According to North Carolina criminal laws, first-degree murder is the deliberate, malicious, premeditated, and unlawful killing of an individual. This killing may result from the perpetration or attempted perpetration of felonies, such as:
|
| First-degree rape | Anyone who has vaginal intercourse with another by force or with a victim who is under 13 years old, and the defendant is at least 12 years old or four years or more older than the victim, commits first-degree rape |
| first-degree sexual offense | A person who commits a sexual act other than vaginal intercourse with another person commits a first-degree sexual offense if they: Use force, a weapon, or the help of others against the victim's will, or cause serious injury. Engage in the act with a victim under 13 years old, provided the offender is at least 12 years old and at least four years older than the victim |
| Statutory rape of a child by an adult | This refers to having vaginal intercourse with a victim under the age of 13 by an individual who is at least 18 years old |
| second-degree murder | A person commits second-degree murder in North Carolina by maliciously and unlawfully killing another human being, but without premeditation and deliberation. |
Prison Sentences and Fines for First Degree Felonies in North Carolina
The sentencing range for Class A and Class B crimes in North Carolina depends on:
- Mandatory status
- Structured sentencing grid
- The offender's criminal record
- Aggravating and mitigating factors.
In North Carolina, there is a mandatory death penalty or life imprisonment without parole for murder, a state-level crime in the Class A category (no sentencing range). For Class B crimes, the sentencing ranges from 12 years to life imprisonment without parole for Class B1 and 8 years up to 30 years for Class B2. In addition to prison terms, the penalties for Class B offenses may include discretionary fines by the judges.
| North Carolina first-degree Punishment | Prison Range | Maximum Fine |
|---|---|---|
| first-degree murder | death penalty or life without parole | No fine |
|
12 years to life without parole | Discretionary |
| second-degree murder | 8 years to 30 years or more | Discretionary. |
What is the Maximum Sentence for a First Degree Felony in North Carolina?
The maximum sentence for first-degree felonies (which correspond to Class A and B offenses) in North Carolina is the death penalty. This sentence is for first-degree murder (Class A offense). For Class B crimes, the maximum sentences depend on the sub-class. The maximum prison term for Class B1 offenses is life imprisonment. In addition to the maximum sentences, judges can impose fines at their discretion based on the type of offense and the offender’s history. However, this does not apply to first-degree murder.
What is First Degree Murder in North Carolina?
North Carolina General Statutes (§ 14-17) describes first-degree murder as the premeditated and deliberate killing of an individual. This can occur during the commission of robbery, rape, burglary, other felonies, and may be by poison, torture, lying in wait, or other especially cruel methods. Under North Carolina criminal laws, first-degree murder is the only Class A offense (excluding federal crimes), making it the offense with the harshest penalty.
Unlike other felony classes, first-degree murder has a different sentencing structure. In North Carolina, first-degree murder has a unique sentencing structure; it is not part of the structured sentencing grid that applies to other felonies. Murder in the first-degree has two possible statutory penalties: the death penalty or life imprisonment without parole. Additionally, probation is not an option for first-degree murder.
Can First Degree Felony Records Be Sealed or Expunged in North Carolina?
Expungement refers to the legal destruction of criminal records, making them publicly inaccessible. After the expunction of a felony record, the owner can legally claim that the conviction never existed. In North Carolina, first-degree felonies (Class A & B criminal records) are not eligible for expunction unless their charges did not result in convictions. First-degree juvenile adjudication records are expungeable, but they are not eligible if classified as Class A felonies in adult court.
Similar to expungement, the sealing of criminal records makes them inaccessible to the public. However, these documents may remain accessible to law enforcement, the court, and other authorized entities. However, North Carolina does not have a law for sealing records. Instead, it expunges criminal records per Article 5 of Chapter 15A of the North Carolina General Statutes.
Difference Between First Degree and second-degree Felonies in North Carolina
In North Carolina, there is an overlap in the comparison of first- and second-degree felonies. First-degree felonies in North Carolina encompass Class A and some Class B crimes (these offenses are similar to first-degree felonies in their severity and penalties). The penalties for these categories of crimes are the death penalty (for murder) or life imprisonment with or without the possibility of parole.
North Carolina does not have a specific Class with a one-to-one outright comparison to second-degree felonies in other states. Based on severity, crimes comparable to second-degree felonies encompass various classes. North Carolina uses a structured sentencing system, and the penalties for these offenses depend on their classes and the offender's criminal history. Crimes similar to second-degree felonies include:
- Second-degree murder (Class B2 felony)
- Voluntary manslaughter (Class D felony)
- Second-degree rape (Class C felony)
- Second-degree sexual offense (Class C felony)
- Second-degree kidnapping (Class E felony).
| Felony Level | Common Crimes | Sentencing Range |
|---|---|---|
| First Degree |
|
|
| Second Degree |
|
The sentencing range depends on the class of the specific crime. |
Statute of Limitations for First Degree Felony Charges in North Carolina
The statute of limitations for a crime defines the legal time frame for filing charges against individuals suspected of committing the specific offense. If prosecutors do not bring a case before a judge within the limitation period, they forfeit the right to prosecute the offender.
In North Carolina and across the United States, the laws place statutes of limitations on serious crimes. The reasons for limitation periods are to:
- Preserve fair trials through fresh evidence and witness memory
- Encourage the timely prosecution of criminal cases
- Protect the defendant from a never-ending threat of prosecution
- Emphasize the degree of seriousness of offenses through timely trials
- Promote efficiency in judicial processes and avoid allocating resources to cases with unreliable evidence due to long delays.
There is no statute of limitations for felony crimes in North Carolina. This means that prosecutors can file charges against suspects at any time, regardless of the number of years after the offense.
Probation and Parole Eligibility for First Degree Felonies in North Carolina
Probation is a court-ordered alternative to incarceration. This option allows felons to stay within the community under strict conditions. In North Carolina, probation eligibility depends on the offense's class. Convicts of first-degree crimes within the A and B offense classes are not eligible for probation.
Parole is the conditional release of convicts before they complete their maximum sentences. This allows them to serve the rest of their prison terms under community supervision. Article 85 of Chapter 15A of the North Carolina General Statutes outlines the conditions for parole in North Carolina. Most felonies in North Carolina are not eligible for parole after October 1, 1994. However, felony crimes before this period, including certain life sentences, may be eligible for parole.
| Term | Definition | Eligible for first-degree Felons |
|---|---|---|
| Probation | Court-ordered supervision instead of prison | Sometimes, depends on the offense class |
| Parole | Early supervised release from prison | Most felonies are not eligible. However, certain life sentences before October 1, 1994, may qualify for parole. |
Impact of a First Degree Felony Conviction on Criminal Records in North Carolina
The consequences of a first-degree conviction in North Carolina can extend beyond the fines and prison sentences. A first-degree felony record in North Carolina will remain publicly accessible unless sealed (if the charges do not result in a conviction). Otherwise, these documents remain accessible to employers, landlords, certification agencies, and other interested entities.
Having a first-degree felony record in North Carolina can impact job opportunities, housing options, professional certifications, and social status. A North Carolina first-degree felony record disqualifies the owner from holding public office or possessing firearms. As a non-citizen, having a North Carolina first-degree felony record may result in deportation, inadmissibility into the U.S. after deportation, and ineligibility for immigration benefits.