Class G Felony in North Carolina: Sentences, Probation, and Record Level

A Class G felony in North Carolina carries a minimum prison sentence of 8 to 31 months and a maximum of up to 47 months, depending on your criminal history and whether the judge finds aggravating or mitigating factors. Class G sits in the middle of the state’s ten felony classes and covers offenses like second-degree burglary, common law robbery, second-degree arson, and possession of a firearm by a felon. Beyond prison time, a conviction brings a permanent firearms ban, loss of voting rights during the sentence, and no eligibility for expungement.

Offenses Classified as Class G

Dozens of specific crimes fall under Class G. The ones most commonly charged include:

Second-degree burglary: breaking into an occupied dwelling without using a dangerous weapon and without causing injury.
Common law robbery: taking property directly from another person through force or intimidation, when the circumstances don’t rise to armed robbery.
Second-degree arson: intentionally burning an occupied building under circumstances that don’t qualify for first-degree arson.
Exploitation of an elderly or disabled adult when the financial harm reaches $20,000 or more.
Possession of a firearm by a felon.
Breaking into a place of worship.
Malicious use of an explosive or incendiary device.
Organized retail theft involving merchandise worth more than $20,000.

This list is not exhaustive, and the General Assembly periodically reclassifies offenses. Your charging document names the specific statute.

How Your Prior Record Level Sets the Sentence

North Carolina does not leave felony sentencing to open-ended judicial discretion. The Structured Sentencing Act fixes every sentence on a grid built from two inputs: the offense class and your prior record level. Points accumulate from prior convictions, with heavier weight for more serious offenses, and the total places you into one of six levels.¹

Level I: 0 to 1 point
Level II: 2 to 5 points
Level III: 6 to 9 points
Level IV: 10 to 13 points
Level V: 14 to 17 points
Level VI: 18 or more points

Someone with no criminal history at all starts at Level I. A record spanning multiple felonies can put you at Level V or VI, where the sentence is longer and prison becomes mandatory.

Prison Sentence Ranges

For each prior record level, the chart offers three ranges: a presumptive range for the typical case, a mitigated range when mitigating factors are present, and an aggravated range when aggravating factors are found. The judge selects a minimum sentence from the applicable range, and the maximum is then fixed by statute.²

Minimum sentence ranges in months for a Class G felony:

Level I: Mitigated 8–10, Presumptive 10–13, Aggravated 13–16
Level II: Mitigated 9–12, Presumptive 12–14, Aggravated 14–18
Level III: Mitigated 10–13, Presumptive 13–17, Aggravated 17–21
Level IV: Mitigated 11–15, Presumptive 15–19, Aggravated 19–24
Level V: Mitigated 13–17, Presumptive 17–22, Aggravated 22–27
Level VI: Mitigated 15–20, Presumptive 20–25, Aggravated 25–31

These are minimums. The corresponding maximum is set by statute: a 10-month minimum carries a 21-month maximum, a 25-month minimum carries a 39-month maximum, and a 31-month aggravated minimum at Level VI carries a 47-month maximum. The gap between the two is the window within which the Post-Release Supervision and Parole Commission controls your release.²

Aggravating and Mitigating Factors

The presumptive range applies unless the judge finds a reason to move up or down. Aggravating factors include using a deadly weapon, targeting a particularly vulnerable victim, offending while on pretrial release for another charge, or acting as a leader among co-defendants. Mitigating factors include playing a minor role, acting under duress or provocation, cooperating with law enforcement, and having a stable support system that reduces the likelihood of reoffending. Mental health and substance abuse issues can also mitigate if the defendant has sought treatment. The judge must find these factors by a preponderance of the evidence before leaving the presumptive range.³

Is Prison Mandatory, or Can You Get Probation?

Not every Class G conviction ends in active prison. At Prior Record Levels I through IV, the chart authorizes either intermediate punishment or active time, and the judge has real discretion. At Levels V and VI, active prison is the only option.²

Intermediate punishment keeps you out of prison but attaches conditions well beyond ordinary probation. The suspended sentence must include at least one intensive condition, such as:

House arrest with electronic monitoring
Intensive supervised probation
Assignment to a drug treatment court
A residential substance abuse treatment program
Special probation, sometimes called a split sentence, combining a short jail stay with supervised probation⁴

Community punishment, meaning ordinary probation without intensive conditions, is never authorized for a Class G felony at any level. Even a first-time offender cannot receive simple unsupervised probation.

Post-Release Supervision After Prison

Anyone who serves an active prison sentence for a Class G felony faces a mandatory nine-month period of post-release supervision after leaving prison. The Post-Release Supervision and Parole Commission sets the conditions and manages compliance.⁵⁶

Violating a condition of post-release supervision can send you back to prison for the remaining balance of your maximum sentence. The wider the gap between your minimum and maximum, the more time is on the line if supervision is revoked.

Fines and Restitution

North Carolina law does not set a specific fine amount for Class G felonies. The fine is left to the judge’s discretion unless the underlying statute defining the offense includes its own fine provision.²

Restitution is a separate obligation the court must consider in every criminal case. The judge weighs the victim’s actual losses against your resources, income, earning capacity, and obligations to dependents. If the full loss exceeds what you can reasonably pay, the court can order partial restitution and must explain its reasoning on the record.⁷

Firearm Rights

A Class G conviction triggers a permanent firearms ban under both federal and state law. Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing a firearm or ammunition, and every Class G felony clears that threshold.⁸ North Carolina adds its own prohibition: it is illegal for any convicted felon to purchase, own, or possess a firearm, and violating that ban is itself a Class G felony carrying an additional 8 to 31 months.⁹

Restoration is narrow. Only people convicted of nonviolent felonies may petition a district court, and only after civil rights have been fully restored for at least 20 years. Even then, the court can deny the petition.¹⁰

Voting Rights

You lose the right to vote the moment you are convicted of a felony. The disqualification lasts through every part of the sentence, including incarceration, probation, and post-release supervision. Once the entire sentence is finished, voting rights are automatically restored, but you must re-register even if you were registered before the conviction.¹¹

Unpaid fines or restitution do not by themselves keep you from voting once probation has ended. But if a court extends probation specifically because of failure to pay, you remain ineligible until that extended supervision period ends.

Expungement Is Not Available

North Carolina’s expunction statute for nonviolent felonies explicitly excludes Class A through Class G offenses. A Class H or Class I conviction may eventually qualify after a waiting period, but a Class G conviction cannot be cleared from your record under this provision no matter how much time passes.¹²

The record is permanent for practical purposes. It will show up on background checks indefinitely, affecting employment, housing, and professional licensing. A pardon from the governor remains a theoretical option, but pardons are rare and discretionary.

Immigration and Travel Consequences

For non-citizens, a Class G conviction can trigger removal proceedings. Many Class G offenses involve conduct that federal immigration law treats as a crime involving moral turpitude or an aggravated felony, either of which can lead to deportation and a permanent bar on re-entry. If you hold a visa or green card, or are undocumented, consult an immigration attorney before entering any plea.

Travel is affected too, even for citizens. Canada is the most common problem: Canadian border agents see U.S. criminal databases, and a felony conviction generally makes you inadmissible. A Temporary Resident Permit allows short-term entry, and criminal rehabilitation offers a permanent resolution but requires waiting at least five years after you have completed your entire sentence.

Defense Approaches That Can Change the Outcome

Strategy depends on the specific offense charged, but a handful of approaches come up repeatedly.

Challenging the evidence is usually the starting point. If police obtained evidence through an illegal search or seized property without a valid warrant or recognized exception, a motion to suppress can remove it from the case. Losing a key piece of physical evidence or a confession obtained in violation of your rights can collapse the prosecution’s theory.

For offenses that require a specific mental state, attacking intent can be decisive. Second-degree burglary requires that you entered a dwelling intending to commit a felony or theft inside. If the evidence shows you entered by mistake or without any criminal purpose, that element fails. Fraud charges likewise require intent to deceive; accidental or negligent conduct does not support a Class G conviction built on intentional wrongdoing.

Duress is less common but viable when a defendant can show they acted under threats of serious harm. Courts expect corroboration, not just the defendant’s word.

When a full defense is not realistic, mitigation matters. Showing remorse, cooperating with investigators, accepting responsibility early, and documenting treatment for mental health or substance abuse can carry real weight within the structured sentencing framework. A strong support network, stable employment, and community ties can push a judge toward intermediate punishment instead of active time at Prior Record Levels I through IV.³

1
North Carolina General Assembly. North Carolina Code 15A-1340.14 – Prior Record Level for Felony Sentencing
2
North Carolina General Assembly. North Carolina Code 15A-1340.17 – Punishment Limits for Each Class of Offense and Prior Record Level
3
North Carolina General Assembly. North Carolina Code 15A-1340.16 – Aggravated and Mitigated Sentences
4
North Carolina General Assembly. North Carolina Code 15A-1343.2 – Special Probation Conditions
5
North Carolina General Assembly. North Carolina Code 15A-1368.2 – Post-Release Supervision Eligibility and Procedure
6
North Carolina Department of Adult Correction. Post Release Supervision and Parole Commission
7
North Carolina General Assembly. North Carolina Code Chapter 15A Article 81C – Restitution
8
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
9
North Carolina General Assembly. North Carolina Code 14-415.1 – Possession of Firearms by Felon
10
North Carolina General Assembly. North Carolina Code Chapter 14 Article 54A – Possession of Firearms
11
North Carolina State Board of Elections. Registering as a Person in the Criminal Justice System
12
North Carolina General Assembly. North Carolina Code 15A-145.5 – Expunction of Certain Misdemeanors and Felonies