Mandatory Minimum Sentences in North Carolina

When a defendant is convicted of a crime, a judge typically has broad discretion regarding how to sentence the person.

However, certain offenses in North Carolina result in mandatory minimum sentences. In those cases, the judge has no other option but to impose an extremely harsh sentence unless certain conditions are met.

What Are Mandatory Minimum Sentences?

Mandatory minimum sentences are the lowest number of months a person will be sentenced for certain offenses. While most crimes do not have mandatory sentences in North Carolina, some drug-related convictions do.

Mandatory minimum sentences do not run concurrently with other sentences. Defendants aren’t eligible for parole, probation, or suspension of sentence before the mandatory minimum amount of time served in prison.

What Is the First Step Act?

The First Step Act is a law that was signed on June 26, 2020. Before this law, judges had no discretion when sentencing a person for drug trafficking offenses. Prosecutors could not even offer plea agreements below mandatory minimum guidelines. However, the First Step Act allows a judge to bypass mandatory minimum sentences in some circumstances.

If a defendant meets certain conditions, a judge can give them a sentence below mandatory minimum guidelines. Those conditions include completing a substance abuse treatment program, providing reasonable assistance to law enforcement, and never being convicted of a previous felony.

Which Offenses Are Subject to Mandatory Minimums?

Most criminal offenses do not result in a mandatory minimum sentence. There are a variety of offenses subject to mandatory minimum sentences in North Carolina including drug trafficking, certain sex offenses, and first-degree murder. Additionally, people considered violent habitual felons might receive a mandatory minimum sentence.

What Factors Determine a Mandatory Sentence for a Drug Crime?

Mandatory minimums for drug offenses range from 25 to 225 months, depending on the type of drug and how much is involved.

Who Could Be Charged with a Mandatory Minimum Drug Crime?

Anyone charged with a drug trafficking-related offense could face mandatory minimums. That includes anyone who sells, manufactures, delivers, or possesses specified weights of certain drugs. Conspiracy to commit these crimes also results in a mandatory minimum sentence.

What Are the Penalties You Could Face?

The mandatory minimum penalties you could face for drug trafficking depend on the type of drug and the quantity of the drug involved.

Marijuana

• 10 but less than 50 pounds – Class H Felony and 25 months in prison
• 50 but less than 2,000 pounds – Class G Felony and 35 months in prison
• 2,000 but less than 10,000 pounds – Class F Felony and 70 months in prison
• 10,000 pounds or more – Class D Felony and 175 months in prison

Synthetic Cannabanoid

• 50 to less than 250 dosage units (3 g) – Class H Felony and 25 months in prison
• 250 to less than 1,250 dosage units – Class G Felony and 35 months in prison
• 1,250 to less than 3,750 dosage units – Class F Felony and 70 months in prison
• 3,750 dosage units or more – Class D Felony and 175 months in prison

Methaqualone

• 1,000 to less than 5,000 dosage units – Class G Felony and 35 months in prison
• 5,000 to less than 10,000 dosage units – Class F Felony and 70 months in prison
• 10,000 dosage units or more – Class D Felony and 175 months in prison

Cocaine

• 28 to less than 200 grams – Class G Felony and 35 months in prison
• 200 to less than 400 grams – Class F Felony and 70 months in prison
• 400 grams or more – Class D Felony and 175 months in prison

Methamphetamine

• 28 to less than 200 grams – Class F Felony and 70 months in prison
• 200 to less than 400 grams – Class E Felony and 90 months in prison
• 400 grams or more – Class C Felony and 225 months in prison

Amphetamine

• 28 to less than 200 grams – Class H Felony and 25 months in prison
• 200 to less than 400 grams – Class G Felony and 35 months in prison
• 400 grams or more – Class E Felony and 90 months in prison

MDPV

• 28 to less than 200 grams – Class F Felony and 70 months in prison
• 200 to less than 400 grams – Class E Felony and 90 months in prison
• 400 grams or more – Class C Felony and 225 months in prison

Mephedrone

• 28 to less than 200 grams – Class F Felony and 70 months in prison
• 200 to less than 400 grams – Class E Felony and 90 months in prison
• 400 grams or more – Class C Felony and 225 months in prison

Opium, Opiates, and Heroin

• Four to less than 14 grams – Class F Felony and 70 months in prison
• 14 grams to less than 28 grams – Class E Felony and 90 months in prison
• 28 grams or more – Class C Felony and 225 months in prison

LSD

• 100 to less than 500 dosage units – Class G Felony and 35 months in prison
• 500 to less than 1,000 dosage units – Class F Felony and 70 months in prison
• 1,000 dosage units or more – Class D Felony and 175 months in prison

MDMA

• 100 to less than 500 dosage units or 28 to less than 200 grams – Class G Felony and 35 months in prison
• 500 to less than 1,000 dosage units or 200 to less than 400 grams – Class F Felony and 70 months in prison
• 1,000 dosage units or more or 400 grams or more – Class D Felony and 175 months in prison

What Are Violent Habitual Felony Mandatory Minimums?

People convicted of two prior violent felonies in any state or federal court are also subject to mandatory minimums. The minimum sentence for a third violent felony is life in prison without parole.

In North Carolina, violent felonies include all Class A through Class E felonies. Offenses that are substantially similar to those North Carolina classes would also be considered violent felonies.

A Criminal Defense Lawyer Can Help

If you have been charged with a drug trafficking offense or you are considered a violent habitual felon, you should immediately reach out to a criminal attorney. You need someone on your side who understands the law and knows how to tactfully negotiate with the prosecution.

Not only will you have to present strong arguments to prove you are not guilty, but you may have to attempt to get qualifying charges dismissed.
Call Randal & Stump, Criminal Defense Attorneys today at 980-237-4579 or contact us online to schedule a consultation.