Structured Sentencing Training and Reference Manual Example Felony Exercises

  • Example #1
  • Example #2
  • Example #3
  • Example #4
  • Example #5

EXAMPLE FELONY EXERCISES

Each exercise presents a brief hypothetical case (offense and prior criminal record). A list of questions follows. The answer to the question and additional commentary appear after entering the correct answer. Assume that all crimes were committed on or after December 1, 2021.

Felony Punishment Chart
Prior Record Level Worksheet

EXAMPLE #1
OFFENSE: Assault with a deadly weapon with intent to kill inflicting serious injury
 G.S. No.: 14-32   F/M: Felony   Class: C
 
PRIOR RECORD: No prior record.

Answer: Prior Record Level I

Commentary: The offender has no prior convictions and therefore receives no prior record points. This places the offender in Prior Record Level I.

Answer: 73 months

Commentary: For a Class C offense and a Prior Record Level I, the minimum sentence within the presumptive range is 58 to 73 months.

Answer: 123 months

Commentary: For a Class C offense and Prior Record Level I, the aggravated range is 73 to 92 months. The longest possible minimum sentence is 92 months, and from Figure B, the longest possible corresponding maximum sentence is 123 months. To impose a sentence from the aggravated range, the jury must find that aggravating factors exist and the court must find that the aggravating factors outweigh any mitigating factors.

4. Can the active sentence be suspended?

Answer: No, unless the court finds extraordinary mitigation.

Commentary: The prescribed disposition for a Class C offense and Prior Record Level I is active punishment ("A"). The only exception is if the court finds extraordinary mitigation. If it finds extraordinary mitigation, the court may suspend the sentence and impose an intermediate punishment. Extraordinary mitigation can be used only in Offense Classes B2, C, and D and cannot be used if the prior record score is five points or more.

Example Answers