North Carolina does not have first-degree felonies. If someone told you that you are facing one, the label came from another state or from a specific offense. That distinction matters, because the letter class assigned to your charge determines the sentence a judge can impose.
The class also shapes your bond, your exposure at trial, and whether probation remains on the table. At The Olsinski Law Firm, our criminal defense attorneys handle serious felony cases across the state and identify exactly which class a charge carries. You can call our team to review your charging documents and the penalties that apply to your situation.
The confusion starts with the statute that defines the term "felony". Under N.C.G.S. § 14-1, a felony is a crime that was a felony at common law, carries a possible State prison sentence, or is designated a felony by statute. That section never mentions degrees or classes at all.
The class system comes from the Structured Sentencing Act instead. N.C.G.S. § 15A-1340.17 sets the sentencing limits for offense classes A, B1, B2, C, D, E, F, G, H, and I. An older statute once classified felonies differently, and the General Assembly repealed it in 1993.
Degree language survives inside individual offense statutes. Lawmakers use it to separate a more serious version of a crime from a less serious one. First-degree burglary, for example, requires that someone be present in the dwelling at the time of the breaking.
Each degree then receives a letter class. The degree tells you which version of the offense the State charged. Its class tells you what sentence follows a conviction.
Some states do sort felonies by degree, and those systems look nothing like ours. Texas is one example. Under Texas Penal Code § 12.32, a first-degree felony in that state carries a sentence of 5 to 99 years or life, plus a fine of up to $10,000.
Reading another state’s sentencing guide will not tell you what you face here. Our attorneys begin every serious case by locating the exact statute and class printed on the charging document.
People searching for a first-degree felony are usually looking at one of a handful of state offenses. Each one pairs a degree label with a letter class, and the class determines the sentence.
Several serious offenses use first-degree language, and state law assigns each one a class:
Two charges can both say first degree and still sit four classes apart in sentencing exposure.
Judges do not pick a number freely. The sentencing chart pairs the offense class against the defendant’s criminal history, and the intersection of the two sets the available range. Understanding both inputs tells you what is realistically at stake.
Prior convictions convert into points. Under N.C.G.S. § 15A-1340.14, those points place a defendant in Prior Record Level I through Level VI. Level I applies to no more than one point, while Level VI applies to 18 points or more.
Points are frequently miscalculated. Our team audits every prior conviction the State claims, because a single removed point can move a defendant into a lower level.
Each class-and-level pairing offers three ranges. The presumptive range applies unless the court finds a reason to depart from it.
N.C.G.S. § 15A-1340.16 requires the State to prove any aggravating factor beyond a reasonable doubt, and a jury must find that factor unless the defendant admits it. Mitigating factors carry a lighter burden and require proof by a preponderance of the evidence. Because the ranges shift by class and level, we compare the official felony sentencing chart against the specific charge in each case.
Class A sits apart from the grid. A first-degree murder conviction carries death or life imprisonment without parole, and no prior record level changes that outcome.
When prosecutors seek the death penalty, N.C.G.S. § 15A-2000 requires a separate sentencing proceeding before the trial jury. All 12 jurors must agree on the recommendation. If they cannot reach agreement within a reasonable time, the judge imposes life imprisonment.
Serious felony cases travel through superior court on a far longer timeline than misdemeanors. Knowing the sequence helps you see where defense work actually happens.
A serious felony case generally moves through the following stages:
Every stage creates an opportunity to narrow the charge before a class is locked in.
If the paperwork in your case lists a class you do not recognize, our attorneys can read it with you and explain the exposure it carries. Call The Olsinski Law Firm at 704-405-2580 to schedule a free case evaluation.
A felony conviction follows a person long after the sentence ends. The class of conviction controls most of what happens next.
Prior felonies can multiply exposure dramatically. Under N.C.G.S. § 14-7.1, three prior felony convictions can make someone a habitual felon, provided each offense was committed after conviction for the one before it.
N.C.G.S. § 14-7.6 then requires sentencing four classes higher than the principal felony, capped at Class C. Convictions used to establish that status drop out of the prior-record-level calculation.
Most serious felonies never come off a criminal record. N.C.G.S. § 15A-145.5 excludes Class A through Class G felonies from expunction, which leaves only certain Class H and Class I convictions eligible. Every offense listed earlier in the first-degree group falls outside that window.
A felony conviction can also reach areas the courtroom never discusses:
Those consequences arrive automatically, which is why the class negotiated before sentencing carries so much weight.
Degree elements give the defense something concrete to attack. First-degree burglary requires occupancy at the moment of the breaking, and first-degree kidnapping requires proof that the person was not released in a safe place. When the evidence on that element is thin, we argue for the lower degree and the lower class that comes with it.
Our attorneys also file suppression motions when officers exceeded constitutional limits during a search, a stop, or an interrogation. We audit prior record points, gather mitigating evidence, and press the State to justify every aggravating factor it alleges. Each of those steps can change the range a judge works from at sentencing.
Clients facing serious charges most often ask our attorneys these questions.
No. North Carolina classifies felonies as Class A through Class I, and the degree label attaches only to specific offenses such as first-degree murder or first-degree burglary.
Not necessarily. Only first-degree murder is a Class A felony, while other first-degree offenses fall into Class B1, Class C, or Class D.
Sometimes. Second-degree burglary applies when the dwelling was not occupied, so we examine every witness account and record that speaks to occupancy.
Prior record level shifts the sentencing range for every felony class except Class A. We review each claimed prior conviction because removing a single point can lower the level.
Yes. Under N.C.G.S. § 7B-1501, Class A through Class E felonies alleged against a 16- or 17-year-old proceed in superior court rather than juvenile court.
Sometimes. A judge has discretion over release in capital cases, and we present employment history, family support, and community ties to support a request for release.
If your paperwork says first degree and you still do not know which class you face, that question deserves a direct answer today.
Our criminal defense attorneys handle Class A through Class I felony cases from offices in Charlotte and Concord. The firm is a member of the North Carolina Advocates for Justice, and our attorneys are Super Lawyers.
We start by reviewing the charging document with you to identify the offense class, the degree element that prosecutors must prove, and the prior record points the State intends to use. From there, we explain the applicable range and the defense work each stage of the case allows.
Contact us for a free case evaluation before your next court date, and bring every document you have received. Call 704-405-2580 to speak with our team about your first-degree felony charge and the class it actually carries.
Mr. Olsinski founded his criminal defense practice in Charlotte, NC, in January 2010. He has successfully defended cases ranging from B1 Felony First Degree Sex Offenses/First Degree Murder to Misdemeanor marijuana charges.
