have a prior assault charge and an assault charge with this 1st degree burglary charge. was gave permission to enter house by victims long time girlfriend.
Criminal Defense Attorney
First degree burglary is a Class D felony. I can't completely answer the question, because prior convictions affect sentencing. If the prior assault charge was a misdemeanor, you have no other convictions, and you were not on probation at the time of offense, you would be a prior record level I (if the date of offense was on or after 12/1/2009). In that case, the minimum sentence (if convicted) would be 38-55 months (bottom of the mitigated range). It could be as much as 80-105 months (top of the aggravated range-usually doesn't happen.) The "norm" is somewhere around 51-64 months. If your record is worse, the numbers go up. The judge has the final say in sentencing, as long as he/she follows "structured sentencing" (North Carolina General Statute 15A-1340.10).