What Is a Felony in NC? Classes, Sentencing, and Consequences

In North Carolina, a felony is any crime punishable by imprisonment in a state prison or by death, any crime classified as a felony at common law, and any crime a statute labels a felony.¹ The state sorts felonies into ten classes, from Class A at the top to Class I at the bottom, and uses a structured sentencing system that combines the offense class with your prior criminal history to produce a specific punishment range. A felony conviction also carries consequences that outlast the sentence, reaching into voting, firearms, employment, and more.

Felony or Misdemeanor

The dividing line is where you serve time and how much of it you face. A felony conviction can send you to state prison, and sentences often run for years. The most serious felonies carry life without parole or, in narrow circumstances, death. A misdemeanor, by contrast, is served in a county jail and is capped at a matter of days or months. Misdemeanor maximums in North Carolina top out at 150 days for a Class A1 offense when the defendant has five or more prior convictions.² Everything above that threshold is felony territory.

The Ten Felony Classes

North Carolina scales punishment by assigning every felony to one of ten classes. The class is set by the statute defining the crime; a judge does not pick it at sentencing. From most to least serious:

Class A — first-degree murder, the only Class A offense.³
Class B1 — first-degree forcible rape, first-degree sexual offense.
Class B2 — second-degree murder, certain aggravated child abuse offenses.
Class C — first-degree kidnapping, assault with a firearm on a law enforcement officer.
Class D — armed robbery, voluntary manslaughter.
Class E — involuntary manslaughter, certain drug trafficking offenses.
Class F — assault inflicting serious bodily injury, habitual misdemeanor assault.
Class G — common law robbery, larceny of a motor vehicle.⁴
Class H — felony larceny, possession of stolen goods, financial fraud offenses.
Class I — breaking or entering a motor vehicle, certain drug possession offenses.⁵

When a statute creates a felony but does not assign a class, the offense defaults to Class I.⁶

How a Felony Sentence Is Calculated

North Carolina uses structured sentencing, which removes most of the judge’s discretion. Two inputs set the sentence: the felony class and your prior record level.

Prior Record Level

The court tallies points for your past convictions. Each prior Class A conviction counts for 10 points; a B1 counts for 9; B2, C, and D convictions count for 6 each; E, F, and G count for 4; H and I count for 2; and qualifying misdemeanors count for 1. Additional points attach in situations like committing the current offense while on probation or parole.⁷ The total drops you into one of six levels: Level I (0–1 points) through Level VI (18 or more points).

The Sentencing Grid

Your class and record level together point to a single cell on the state’s sentencing chart. Each cell holds three ranges of minimum prison terms: a presumptive range the court uses by default, a mitigated range when mitigating factors outweigh aggravating ones, and an aggravated range when aggravating factors dominate.⁸ A Class C felony at Prior Record Level III, for example, carries a presumptive minimum of 77 to 96 months, with mitigated as low as 58 and aggravated as high as 120. A Class H felony at Level I carries a presumptive minimum of just 5 to 6 months. Maximum terms are set separately by statute and sit above the minimum: for Class F through I, the maximum typically runs 9 to 13 months beyond the minimum, and for Class B1 through E the spread is larger.⁶

Prison, Probation, or Something in Between

The grid also controls what kind of sentence the judge can impose. Active punishment means straight prison time. Intermediate punishment means supervised probation that can include short jail stays, electronic monitoring, or substance abuse treatment. Community punishment covers lighter options like standard probation, community service, or fines.

All Class A through D felonies require active punishment no matter what your record looks like. For the lower classes, the available dispositions widen. A Class I felony with a Level I record authorizes community punishment only; the same offense at Level IV or higher requires intermediate or active punishment.⁹ At the lower felony classes, prior record often decides whether you go home on probation or report to prison.

First-Degree Murder

Class A sits outside the grid. A first-degree murder conviction results in either life imprisonment without parole or a death sentence, chosen through a separate capital sentencing proceeding.³ Defendants who were under 18 at the time of the offense are not eligible for the death penalty and are sentenced under a separate juvenile framework. North Carolina has not carried out an execution since 2006, and legal challenges to the state’s execution procedures have effectively halted its use.

What a Felony Conviction Costs Beyond Prison

The sentence itself is only part of what a felony conviction does to your life. Several legal consequences attach automatically and continue long after release.

Voting

You lose the right to vote the moment you are convicted of a felony, and the restriction lasts through the entire sentence, including probation, parole, and post-release supervision. Once supervision ends, voting rights are restored automatically, though you have to re-register even if you were registered before.¹⁰ Outstanding fines or restitution do not themselves block registration as long as your supervision has actually ended.

Firearms

Any felony conviction permanently bars you from buying, owning, or possessing a firearm in North Carolina. Violating that prohibition is itself a Class G felony. Narrow exceptions exist for antique firearms and for people who have been pardoned or had their firearms rights formally restored. Someone with a single nonviolent felony conviction may petition for restoration, but not until at least 20 years after unconditional discharge.¹¹

Employment and Background Checks

A felony record often causes more disruption through employment than through the sentence itself. Under federal law, consumer reporting agencies can report criminal convictions on background checks indefinitely, while arrest records that did not lead to conviction are limited to seven years. North Carolina has no statewide “ban the box” law for private employers, so many applications ask about criminal history upfront. State-regulated professions, including law, nursing, teaching, and law enforcement, may deny licensure based on a felony record.

Jury Service and Travel

A felony conviction disqualifies you from jury service in North Carolina until your citizenship rights are restored. International travel can also become harder. Canada routinely denies entry to people convicted of offenses that would qualify as serious crimes under Canadian law, though a formal rehabilitation process is available after enough time has passed. Federal law authorizes denial of a U.S. passport to anyone convicted of certain drug trafficking offenses or who owes substantial child support.

Clearing a Felony From Your Record

North Carolina allows expunction of some felony convictions, but the rules are narrow. Only nonviolent Class H and Class I felonies qualify. The statute excludes every Class A through G felony, all sex offenses, crimes involving assault, any offense requiring sex offender registration, and certain drug offenses involving methamphetamine, heroin, or intent to distribute cocaine.¹²

The waits are long. For a single qualifying felony, you must wait at least 10 years after the conviction date or after completing your sentence, probation, and post-release supervision, whichever comes later. For two or three nonviolent felonies, the wait climbs to 20 years. You also have to show good moral character and have no subsequent felony convictions, and the court still has discretion to grant or deny the petition.¹² For a Class G or higher felony, expunction is not available at all. In those cases, a pardon from the governor is the only route to clearing the record.

1
North Carolina General Assembly. North Carolina General Statutes 14-1 – Felonies and Misdemeanors Defined
2
North Carolina General Assembly. North Carolina General Statutes 15A-1340.23 – Punishment Limits for Each Class of Offense and Prior Conviction Level
3
North Carolina General Assembly. North Carolina General Statutes 14-17 – Murder in the First and Second Degree Defined
4
North Carolina General Assembly. North Carolina General Statutes 14-87.1 – Punishment for Common Law Robbery
5
North Carolina General Assembly. North Carolina General Statutes 14-56 – Breaking or Entering Into or Breaking Out of Railroad Cars, Motor Vehicles, Trailers, Aircraft, Boats, or Other Watercraft
6
North Carolina General Assembly. North Carolina General Statutes 15A-1340.17 – Punishment Limits for Each Class of Offense and Prior Record Level
7
North Carolina General Assembly. North Carolina General Statutes 15A-1340.14 – Prior Record Level for Felony Sentencing
8
North Carolina General Assembly. North Carolina General Statutes 15A-1340.16 – Aggravated and Mitigated Sentences
9
North Carolina General Assembly. North Carolina General Statutes Chapter 15A Article 81B – Structured Sentencing
10
North Carolina State Board of Elections. Registering as a Person in the Criminal Justice System
11
North Carolina General Assembly. North Carolina General Statutes 14-415.1 – Possession of Firearms by Felon Prohibited
12
North Carolina General Assembly. North Carolina General Statutes 15A-145.5 – Expunction of Certain Misdemeanors and Felonies