Skip to main content

What is the normal sentence for a 1st degree burglary charge in NC?

Franklin, NC |

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.

+ Read More

Attorney answers 1

Posted

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).