NC Criminal Law Specialist cheat sheet

North Carolina Criminal Law

• NC felony classification: Class A (death/life) through Class I; misdemeanors Class A1, 1, 2, 3. Class determines statutory maximum and presumptive range.

• Structured Sentencing: felony punishment chart uses offense class and prior record level (I–VI). Prior record points: 1 per prior misdemeanor, 2 per prior felony, 4 per prior Class A felony, etc. (N.C.G.S. §15A-1340.14).

• First-degree murder: premeditated and deliberate killing, felony murder, or killing by poison/lying in wait/torture. Punishable by death or life without parole (N.C.G.S. §14-17).

• Felony murder: killing during commission of specified felonies (e.g., robbery, rape, burglary, kidnapping). Malice implied; death penalty possible only if aggravating circumstances.

• Second-degree murder: unlawful killing with malice but without premeditation/deliberation or felony murder. Class B2 felony (N.C.G.S. §14-17).

• Voluntary manslaughter: intentional killing mitigated by heat of passion or imperfect self-defense. Involuntary manslaughter: unintentional killing from criminally negligent or unlawful act.

• Self-defense: use of force is justified if defendant reasonably believed threat of imminent death/serious bodily harm and force was necessary. No duty to retreat in NC if in lawful place (N.C.G.S. §14-51.3).

• Castle doctrine (N.C.G.S. §14-51.2): presumption of reasonable fear for occupant using defensive force against intruder unlawfully entering home.

• Burglary (first-degree): breaking and entering dwelling of another at nighttime with intent to commit felony therein, while someone present; Class D felony (N.C.G.S. §14-51).