{"data":{"id":"us-nc/n.c.-gen.-stat.-15a-1340.13","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 15A-1340.13","heading":"Procedure and incidents of sentence of imprisonment for felonies.","body":"(a)\tApplication to Felonies Only. - This Part applies to sentences imposed for felony convictions.\n(b)\tProcedure Generally; Requirements of Judgment; Kinds of Sentences. - Before imposing a sentence, the court shall determine the prior record level for the offender pursuant to G.S. 15A-1340.14. The sentence shall contain a sentence disposition specified for the class of offense and prior record level, and its minimum term of imprisonment shall be within the range specified for the class of offense and prior record level, unless applicable statutes require or authorize another minimum sentence of imprisonment. The kinds of sentence dispositions are active punishment, intermediate punishment, and community punishment.\n(c)\tMinimum and Maximum Term. - The judgment of the court shall contain a minimum term of imprisonment that is consistent with the class of offense for which the sentence is being imposed and with the prior record level for the offender. The maximum term of imprisonment applicable to each minimum term of imprisonment is, unless otherwise provided, as specified in G.S. 15A-1340.17. The maximum term shall be specified in the judgment of the court.\n(d)\tService of Minimum Required; Earned Time Authorization. - An offender sentenced to an active punishment shall serve the minimum term imposed, except as provided in G.S. 15A-1340.18. The maximum term may be reduced to, but not below, the minimum term by earned time credits awarded to an offender by the Division of Prisons of the Department of Adult Correction or the custodian of the local confinement facility, pursuant to rules adopted in accordance with law.\n(e)\tDeviation from Sentence Ranges for Aggravation and Mitigation; No Sentence Dispositional Deviation Allowed. - The court may deviate from the presumptive range of minimum sentences of imprisonment specified for a class of offense and prior record level if it finds, pursuant to G.S. 15A-1340.16, that aggravating or mitigating circumstances support such a deviation. The amount of the deviation is in the court's discretion, subject to the limits specified in the class of offense and prior record level for mitigated and aggravated punishment. Deviations for aggravated or mitigated punishment are allowed only in the ranges of minimum and maximum sentences of imprisonment, and not in the sentence dispositions specified for the class of offense and prior record level, unless a statute specifically authorizes a sentence dispositional deviation.\n(f)\tSuspension of Sentence. - Unless otherwise provided, the court shall not suspend the sentence of imprisonment if the class of offense and prior record level do not permit community or intermediate punishment as a sentence disposition. The court shall suspend the sentence of imprisonment if the class of offense and prior record level require community or intermediate punishment as a sentence disposition. The court may suspend the sentence of imprisonment if the class of offense and prior record level authorize, but do not require, active punishment as a sentence disposition.\n(g)\tDispositional Deviation for Extraordinary Mitigation. - Except as provided in subsection (h) of this section, the court may impose an intermediate punishment for a class of offense and prior record level that requires the imposition of an active punishment if it finds in writing all of the following:\n(1)\tThat extraordinary mitigating factors of a kind significantly greater than in the normal case are present.\n(2)\tThose factors substantially outweigh any factors in aggravation.\n(3)\tIt would be a manifest injustice to impose an active punishment in the case.\nThe court shall consider evidence of extraordinary mitigating factors, but the decision to find any such factors, or to impose an intermediate punishment is in the discretion of the court. The extraordinary mitigating factors which the court finds shall be specified in its judgment.\n(h)\tExceptions When Extraordinary Mitigation Shall Not Be Used. - The court shall not impose an intermediate sanction pursuant to subsection (g) of this section if:\n(1)\tThe offense is a Class A or Class B1 felony;\n(2)\tThe offense is a drug trafficking offense under G.S. 90-95(h) or a drug trafficking conspiracy offense under G.S. 90-95(i); or\n(3)\tThe defendant has five or more points as determined by G.S. 15A-1340.14. (1993, c. 538, s. 1; 1994, Ex. Sess., c. 14, ss. 18, 18.1, 19; c. 22, s. 9; c. 24, s. 14(b); 1995, c. 375, s. 1; 2011-145, s. 19.1(h); 2011-192, s. 5(d); 2017-186, s. 2(ggg); 2021-180, s. 19C.9(p).)","path":["Chapter 15A. Criminal Procedure Act.","Subchapter XIII. Disposition of Defendants.","Article 81B. Structured Sentencing of Persons Convicted of Crimes.","Part 2. Felony Sentencing."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-1340.13.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:56:42Z","sha256":"d914236542adaecca32b1d52bcccac4713844b943aacf70304672a30d47db78a","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-15a-1340.12","next":"us-nc/n.c.-gen.-stat.-15a-1340.14"},"notice":"GroundRules: Original legal text. Not legal advice."}