Cary,Durham,Raleigh criminal lawyer/attorney discusses North Carolina’s Habitual Felon Statute
Like many states, North Carolina has its own version of California’s three-strike rule: the habitual felon statute. Here’s how it works. If an individual commits a third felony during the course of his or her lifetime, the district attorney can charge the individual as a habitual felon, elevating the potential punishment to a Class C felony for sentencing purposes. For all practical purposes, an individual with two or more prior felony convictions would like face at least 10 years in prison if sentenced as a Class C felon. In addition, unlike in other cases, if sentenced as a habitual felon, all setences are presumed to run consecutively, rather than concurrently. So, the statute is very harsh indeed, but there are some nuisances that are often misunderstood.
First and foremost, although any individual sixteen years or older will be tried as an adult in North Carolina, only one felony committed prior to the individual reaching the age of eighteen may count toward the three felonies required under the habitual felon statute. Next, alcohol related felonies, such as felony DUI, etc. cannot be counted as one of the felonies under the statute. Felony convictions in other states (or under federal law), however, are counted. Finally, a felony cannot be counted if it took place before an individual is convicted of a previously committed felony.
The end result of the habitual felon statute is that it drastically increases the potential punishments for lower level felonies, such as drug crimes. Although the district attorney will often be willing to compromise on the sentencing of a habitually charged felon, it gives them a very powerful negotiating chip with which to work.
