What is a Second Degree Felony in North Carolina?

Under North Carolina General Statutes (NCGS) § 14-1, a felony is any crime subject to death, imprisonment in the state prison, or one expressly designated as a felony by statute. Felonies are graded into ten classes, ranging from Class A, the most severe, to Class I, the least. Class A felonies include First-Degree Murder, while Class I offenses include Breaking and Entering a Motor Vehicle and certain drug possession charges. State law further divides Class B felonies into B1 and B2, completing the ten-tier scale.

Second-degree felonies generally fall within Classes B1, B2, C, D, and E. This classification covers various types of crime less severe than Class A felonies yet more serious than misdemeanors.

Which Crimes Are Considered Second Degree Felonies in North Carolina?

Per North Carolina law, the following crimes make up second-degree felonies:

• Obtaining Property by False Pretenses (G.S. § 14-100): Knowingly using a false pretense to acquire money or property with intent to cheat or defraud. This offense is charged frequently and is a Class H felony when the property value is under $100,000.
• Assault with a Deadly Weapon (G.S. § 14-32):
  • With Intent to Kill and Inflicts Serious Injury (Class C): Assault with a deadly weapon carried out with intent to kill, causing serious injury.
  • And Inflicts Serious Injury (Class E): Assault with a deadly weapon that results in serious injury.
  • With Intent to Kill (Class E): Assault involving a deadly weapon with intent to kill.
• Robbery (G.S. § 14-87.1): Taking property directly from another person by violence or by placing the person in fear.
• Assault by Strangulation (G.S. § 14-32.4): Assault that inflicts physical injury through strangulation.
• Burglary (G.S. § 14-51): Nighttime breaking and entering of a dwelling or sleeping apartment to commit a felony. Classified as first-degree if occupied, and second-degree if unoccupied.
• Voluntary Manslaughter (G.S. § 14-18): Unlawful killing without malice, often in sudden passion.
• Kidnapping, Second Degree (G.S. § 14-39): Unlawful restraint, confinement, or movement of a person without consent for purposes such as ransom, hostage use, terrorizing, or facilitating a felony. If released safely without serious injury or sexual assault, it is second-degree kidnapping.
• Second-Degree Murder (G.S. § 14-17): Any killing not classified as first degree. It is a Class B2 felony when based on reckless disregard for life and a Class B1 felony in all other cases.

What is Second Degree Murder and How is it Classified in North Carolina?

In North Carolina, second-degree murder is defined under G.S. § 14-17(b) as any unlawful killing that does not meet the criteria for first-degree murder. It involves malice, which can mean intent to harm or reckless conduct that shows extreme disregard for human life, but it lacks the element of premeditation. When malice is based on reckless or wanton behavior, the offense is a Class B2 felony. When it involves intent but still falls short of premeditated planning, it is a Class B1 felony.

The distinction between first- and second-degree murder rests on forethought and circumstances. First-degree murder requires proof of deliberate planning, lying in wait, or killings committed during certain serious felonies, such as armed robbery. Second-degree murder lacks this degree of calculation. It covers both intentional killings that are not preplanned and deaths caused by reckless conduct so extreme that it creates a clear danger to life.

Manslaughter, codified in G.S. § 14-18, ranks below both in severity. It covers unlawful killings absent of malice, including deaths caused by sudden passion or negligent behavior. Unlike second-degree murder, manslaughter lacks the same level of disregard for human life.

North Carolina Second Degree Felonies Penalties and Punishments

In North Carolina, penalties for crimes often described as “second-degree felonies” fall under the Structured Sentencing Act. Offenses such as Second-Degree Burglary, Voluntary Manslaughter, Armed Robbery, and Second-Degree Murder are included in this framework, with punishment outcomes dictated by the felony class attached to each offense.

The Structured Sentencing grid combines the felony class with an offender’s Prior Record Level, which is based on points for prior convictions. Sentences are then set within three ranges: mitigated, presumptive, or aggravated. Factors like restitution or limited involvement may lessen a sentence, while circumstances such as weapon use or gang activity can raise it. As a result, repeat offenders face harsher penalties because prior convictions raise their record level, pushing punishments to higher ranges. For instance:

• A prior Class G felony adds 4 points.
• A prior Class C felony adds 6 points.
• A prior Class B1 felony adds 9 points.

As these points accumulate, sentences move from probation-based options to mandatory active prison time (G.S. 15A-1340.17). Additionally, a person with three prior felonies may be sentenced as an Habitual Felon under G.S. 14-7.6, which elevates the class of any new felony by four levels. For serious repeat offenses, enhancements apply. For instance, a second conviction for a Class B1 felony where the victim is under 13 can result in life without parole (G.S. 15A-1340.16B).

The following table summarizes common second-degree felony penalties:

Are Second Degree Felony Records Public in North Carolina?

Yes. North Carolina’s Public Records Law (G.S. Chapter 132) provides public access to conviction records for second-degree felonies. In addition, state court rules support this standard by presuming that criminal records are open unless a statute or court order specifically restricts them. Still, some records remain limited. Public access can be restricted or redacted when mandated by federal or state statutes, court rules, or other binding legal authority. For instance:

• Juvenile matters remain confidential.
• Records sealed or expunged by court order under G.S. 15A-145 and related expunction statutes.
• Information identifying child victims or other protected crime victims.
• Sensitive details restricted under privacy provisions in court rules.

How to Access Second Degree Felony Court Records in North Carolina

In North Carolina, the Superior Court oversees second-degree felony matters. Searches usually begin in the county where the charge originated, since the Clerk of Superior Court keeps the case records. Details like the defendant’s name, docket number, or filing date make retrieval faster.

Second-degree felony court records are available through the following:

• Clerk of Superior Court Office: Case information may be obtained at the county clerk’s office, either through a visit or by written request. Courthouse computer terminals offer free public searches. Certified or physical copies are available upon payment of statutory fees. Clerks may also explain when access is restricted by confidentiality rules.
• Judicial Branch Databases: The North Carolina Judicial Branch operates eCourts and Remote Public Access portals. These systems allow searches by name or docket number and display dockets, filings, and hearing dates, depending on county participation.
• Adult Correction Systems: The Department of Adult Correction provides searchable offender and custody records. These databases supply additional sentencing details but do not replace official court files.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes. North Carolina allows reduction or dismissal of second-degree felony charges depending on case facts, quality of evidence, and defense approach. Defense counsel can negotiate a plea agreement in which the accused admits to a lesser offense in exchange for reduced penalties. Prosecutors may dismiss charges when evidence proves insufficient, constitutional or procedural errors exist, or dismissal better serves justice. Judges must approve plea agreements to confirm voluntariness and fairness.

Outcomes generally follow statutes such as G.S. 15A-931, which permits a nolle prosequi (an official record entry stating that the prosecutor or plaintiff has chosen to discontinue the case or drop the legal action) before or during trial. Results depend on case-specific elements like witness credibility, forensic findings, and prior record. Legal strategy and counsel competence materially affect available resolutions. Local prosecutorial discretion and case law nuances further shape charging and resolution outcomes. Individuals should consult seasoned criminal defense counsel before entering plea negotiations or seeking dismissal.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in North Carolina?

It depends. North Carolina limits expungement for violent felony convictions, including second-degree felonies and murder. Conviction records for these offenses are generally ineligible under G.S. 15A-146. Non-conviction charges may qualify if specific conditions are met:

• Single Charge Dismissal: Petition may be filed if a single misdemeanor, felony, or specified infraction is dismissed. The court must expunge records when only one charge exists and it was dismissed.
• Multiple Charges Dismissed: Petition may cover any dismissed charges. Complete dismissal triggers mandatory expunction; partial dismissal allows expungement of dismissed charges not yet finally resolved.
• Not Guilty / Not Responsible: Petition may follow a finding of not guilty or not responsible. Expungement occurs once all related charges reach final disposition.
• Automatic Expungement: Charges disposed on or after Dec. 1, 2021, dismissed or found not guilty/not responsible, are expunged automatically 180–210 days after disposition. Felonies dismissed through plea agreements are excluded.

No waiting period applies for dismissals or not-guilty verdicts. Prior felony convictions do not block non-conviction expungements. Petitions must be filed with the Superior Court clerk in the county where the charge arose, using the appropriate AOC form (AOC-CR-287 for dismissals, AOC-CR-288 for not-guilty findings). A $175 fee is required. All restitution and civil judgments have to be satisfied before expungement approval.

(Note: Strong legal representation is advised to confirm eligibility, prepare the petition accurately, and navigate all procedural requirements.)

How Long Do Second Degree Felony Records Stay Public in North Carolina?

Permanently. Records of North Carolina second-degree felonies are kept by all relevant government agencies and logged in all relevant state and federal databases. These files remain accessible to the public indefinitely unless expunged. Expungement stops public access, clearing the record across every government-held database and official database.