Greensboro Felony Defense Lawyers
Felonies are tried in Guilford County Superior Court. What you are actually facing comes down to two things: the class of the felony and your prior record level. Both are argued, not assigned.
What is the charge?
Read it off the paperwork, including the class if it is printed, and tell us your court date.
Sending this form does not make us your lawyer yet.
1. The class. North Carolina has ten felony classes, A through I. The class is set by the statute you are charged under, and arguing the charge down a class is usually worth more than anything that happens at sentencing.
2. Your prior record level. Six levels, set by points, and far fewer things score points than people assume. Old speeding tickets score nothing. Class 2 and Class 3 misdemeanors score nothing.
3. Which cell you end up in. The class on your charging paperwork is a starting position, not a verdict, and the State has to prove your record level. Several class and level combinations limit what a judge may impose, and moving a case into one of them is the work. It is argued, not assigned.
- What counts as a felony in North Carolina
- The sentencing chart
- How your prior record level is calculated
- When probation is possible
- Routes that end without a conviction
- Habitual felon
- Three recent enhancements worth knowing about
- How to choose a felony lawyer in Greensboro
- Felony charges we defend
- Your attorney
- What clients say
- Where we practice
- Questions people ask
What counts as a felony in North Carolina
You will read almost everywhere that a felony is a crime punishable by more than one year. That is the federal test, and it is not the law here. G.S. 14-1 defines a felony as a crime which was a felony at common law, is or may be punishable by death, is or may be punishable by imprisonment in the State’s prison, or is denominated a felony by statute. No length of time appears anywhere in the section.
The difference is not academic. A Class I felony at the lowest record level carries a presumptive minimum of four to six months and cannot result in an active prison sentence at all. It is still a felony, with every collateral consequence a felony carries.
The sentencing chart
Felony sentencing runs on a grid set out in G.S. 15A-1340.17. Ten classes down the side, six prior record levels across. Your cell gives two things: which punishment types are allowed, and a range of numbers.
The numbers are ranges of permissible minimum terms, not sentences. This is the single most misread thing in North Carolina criminal law. The statute says a presumptive range of minimum durations, and the Sentencing Commission prints it at the foot of its own chart. Once a judge picks a minimum from the range, a separate table in the same statute sets the matching maximum.
A worked example. Class H felony, no prior record, presumptive range: a minimum of five to six months. If the judge imposes a five month minimum, the statutory maximum is fifteen months. At six months, it is seventeen. And because that cell reads C/I/A, the judge may instead suspend the sentence entirely and impose probation.
Below are Classes E through I, which cover most felony charges people are actually charged with. Classes A through D are active punishment at every record level.
What sentence types are allowed. C is community punishment, I is intermediate, A is active. Where there is no A, a judge cannot send you to prison.
| Class | I | II | III | IV | V | VI |
|---|---|---|---|---|---|---|
| Class I | C | C/I | I | I/A | I/A | I/A |
| Class H | C/I/A | I/A | I/A | I/A | I/A | A |
| Class G | I/A | I/A | I/A | I/A | A | A |
| Class F | I/A | I/A | I/A | A | A | A |
| Class E | I/A | I/A | A | A | A | A |
Presumptive range of minimum terms, in months. These are minimums, not sentences. The matching maximum comes from a separate table in the statute.
| Class | I | II | III | IV | V | VI |
|---|---|---|---|---|---|---|
| Class I | 4-6 | 4-6 | 5-6 | 6-8 | 7-9 | 8-10 |
| Class H | 5-6 | 6-8 | 8-10 | 9-11 | 12-15 | 16-20 |
| Class G | 10-13 | 12-14 | 13-17 | 15-19 | 17-22 | 20-25 |
| Class F | 13-16 | 15-19 | 17-21 | 20-25 | 23-28 | 26-33 |
| Class E | 20-25 | 23-29 | 26-33 | 30-38 | 35-44 | 40-50 |
Classes A, B1, B2, C and D authorize active punishment at every prior record level. A Class A felony is punished by death or life imprisonment as the specific offense statute provides, and prior record level does not enter into it.
How your prior record level is calculated
Points, under G.S. 15A-1340.14, and the point values are narrower than most people fear.
- Class 2 and Class 3 misdemeanors score zero.
- Most traffic misdemeanors score zero. The exceptions are impaired driving, impaired driving in a commercial vehicle, and misdemeanor death by vehicle.
- Class A1 and Class 1 non-traffic misdemeanors score one point each.
- Felonies score more, rising with the class.
- Extra points can be added if the offense was committed while on probation, parole or post-release supervision, or if all the elements of the present offense are included in a prior one.
The levels run: Level I is 0 to 1 point, Level II is 2 to 5, Level III is 6 to 9, Level IV is 10 to 13, Level V is 14 to 17, and Level VI is 18 or more. Record level is proved by the State, and it is worth checking rather than accepting. A worksheet with one wrongly counted conviction can move you a whole level.
When probation is possible
Look at the disposition letters in your cell, not the numbers.
- Class I, Level I is C only, and the court must suspend the sentence. Getting a charge reduced into that cell, and keeping your record level where it belongs, is argued by your lawyer. Nobody at the courthouse does it for you.
- Class I, Level III is I only, so supervised probation is mandatory and the conditions attached to it are negotiated rather than fixed.
- Class H, Level I is C/I/A. Probation is authorized, but authorized is not the same as offered. It is asked for and argued for.
- A-only cells mean active punishment, with one exception below.
The exception is extraordinary mitigation. Under G.S. 15A-1340.13 a court may impose an intermediate punishment in an A-only cell on written findings of extraordinary mitigating factors. It is not available for Class A or B1 felonies, for drug trafficking, or where the defendant has five or more prior record points. It is rare, and it has to be built toward from the start of the case rather than asked for on the day.
Want to know which cell you are in?
Read us the charge and tell us roughly what is on your record. That is usually enough to tell you on the first call whether prison is even authorized in your case.
Call (336) 379-0539Free consultation, answered 24/7Routes that end without a conviction
Two of these exist for Class H and Class I felonies, and both need the prosecutor to join the motion.
Deferred prosecution under G.S. 15A-1341 happens before any plea. Prosecution is deferred by written agreement, you complete conditions, and the charge is dismissed. The court has to find five things, including that you have never previously been placed on probation, which you state under oath. Any prior probation at all, on anything, disqualifies you.
Conditional discharge under the same statute happens after a guilty plea or finding of guilt, but without judgment being entered. On completing the conditions the plea is withdrawn and the case is dismissed.
For drug charges there is a separate and stronger route. Under G.S. 90-96, for a first offender charged with simple possession or paraphernalia, the court shall defer proceedings and place the person on probation, and it can be withheld only on a written finding with the District Attorney’s agreement. It is available once in a lifetime. See our drug charges page.
Impaired driving is excluded from deferred prosecution and conditional discharge by statute.
Habitual felon
Three prior felony convictions, committed and convicted in sequence, can make you a habitual felon under G.S. 14-7.1. The effect is not a life sentence, despite what you will read. Under G.S. 14-7.6 the offense is sentenced four classes higher than the principal felony, capped at Class C. A Class H felony becomes a Class D. Life without parole belongs to the separate violent habitual felon statute.
Habitual felon status has to be separately indicted and it can be attacked. See how habitual felon status is challenged.
Three recent enhancements worth knowing about
Each applies only to offenses committed on or after its effective date, so the date on your charge matters.
- Concealing identity. Committing an offense while wearing a mask or other device concealing identity raises the offense one class, for offenses on or after 27 June 2024.
- Public transportation. An aggravating factor applies where the victim was using a public transportation system, for offenses on or after 1 December 2025.
- Criminal gang activity. The gang enhancement rises from one class to two, and from two to three for an organizer, for offenses committed on or after 1 December 2026.
How to choose a felony lawyer in Greensboro
No lawyer in North Carolina is permitted to advertise as the best, and a firm
that does is telling you something about how it reads the rules. The State Bar
treats self-laudatory claims as a compliance problem, not a selling point.
So judge on answers instead. Every question below has an exact answer. A firm
that handles these cases every week will give you one on the phone, for free, in
a few minutes. A firm that gives you a brochure answer is telling you something too.
- What class is my charge, and what is my prior record level?
Both have exact answers. If a firm cannot tell you the class off the charging paperwork, it is not reading it. - Does my cell authorize probation, or is active punishment mandatory?
This is the answer that actually changes your life, and it is a lookup on the chart once the first question is answered. - Is my charge eligible for a conditional discharge or deferred prosecution?
Only Class H and I felonies are, both need the prosecutor to join the motion, and any prior probation disqualifies you. A firm should know this before quoting a fee. - What are you doing in the first two weeks?
Evidence goes stale and body camera footage is overwritten on a retention schedule. Ask what happens now, not at the court date. - What is the flat fee, and what does it not cover?
You should get a number on the first call. Quotes differ most in what is excluded, so ask for the exclusions by name.
Ask us the same questions. (336) 379-0539.
Felony charges we defend
drug trafficking · possession with intent to sell · felony possession of cocaine · assault with a deadly weapon · assault by strangulation · murder · robbery · breaking and entering · habitual larceny · embezzlement · fraud and white collar · felon in possession of a firearm · Class I felonies · federal charges
Charged with a misdemeanor instead? That runs on a different chart with a different counting method. See the misdemeanor page.
Your attorney
Jason Aycoth
Felony Charges · Drug and Firearm Cases · State and Federal Court
Jason handles criminal cases in state and federal court across North Carolina. He has served as Editor of the True Bill and was Commencement Speaker at Elon Law School's graduation.
- Former President, Greensboro Criminal Defense Lawyers Association
- Elected member, Criminal Justice Section, North Carolina Bar Association
- Selected to present the Wade M. Smith Award for Top Criminal Defense Lawyer in North Carolina
Chad D. GarrettFounderJason AycothPartner
Sean OlsonPartner
Brandon GoldsboroughCriminal Defense
Stephanie GoldsboroughCriminal Defense
Rebecca ElliottCriminal Defense
Patrick BidwellCriminal Defense
Samantha HeplerCriminal DefenseWhat clients say
4.9 out of 5 from 587 Google reviews. A few recent ones:
Where we practice
Our office is two minutes from the Guilford County Courthouse.
Guilford County: Greensboro · High Point · Jamestown · Gibsonville · Summerfield · Oak Ridge · Pleasant Garden · Stokesdale · Whitsett · McLeansville · Sedalia
Also serving: Randolph, Forsyth, Alamance, Rockingham and Davidson Counties
Questions people ask
Is a felony in North Carolina a crime punishable by more than a year?
No. That is the federal definition. G.S. 14-1 defines a felony as a crime that was a felony at common law, is or may be punishable by death or by imprisonment in the State's prison, or is denominated a felony by statute. No duration appears in the section, which is why a Class I felony can carry a community punishment and still be a felony.
Does a felony charge always mean prison?
Not necessarily, and the disposition letters in your cell are what decide it. Some cells authorize community or intermediate punishment and require the court to suspend the sentence. Even in an active-only cell, extraordinary mitigation can produce an intermediate punishment on written findings. None of that happens on its own: which cell you are sentenced in depends on the class you end up pleading to and the record level the State proves, and both are contested by your lawyer.
What do the numbers on the chart actually mean?
They are ranges of permissible minimum terms, not sentences. The judge selects a minimum from the range, and a separate statutory table sets the maximum that goes with it. A five month minimum on a Class H felony carries a fifteen month maximum.
Will my old speeding tickets raise my record level?
Almost certainly not. Most traffic misdemeanors under Chapter 20 score zero points, as do Class 2 and Class 3 misdemeanors. The traffic exceptions that do count are impaired driving, impaired driving in a commercial vehicle, and misdemeanor death by vehicle.
Can a felony be dismissed without a conviction?
For Class H and Class I felonies, yes, through deferred prosecution or a conditional discharge, both of which need the prosecutor to join the motion and require that you have never previously been on probation. For first-time simple drug possession there is a separate statutory route that the court must grant unless it makes a written finding with the District Attorney's agreement.
Who decides whether aggravating factors apply?
A jury, unless you admit them, and the State has to prove them beyond a reasonable doubt. The State must also give written notice at least 30 days before trial listing every factor it intends to prove. Mitigating factors work the other way round: your burden, by a preponderance, found by the judge.
Does habitual felon mean life in prison?
No. Habitual felon status raises the sentence four classes above the principal felony, capped at Class C. Life without parole belongs to the separate violent habitual felon statute, which has different triggers.
Can a felony be expunged in North Carolina?
Some can and most cannot. A dismissal or a not guilty finding is a different situation from a conviction, and for convictions the rules are narrow and turn on the offense and your record. See our expungement page.
Where will my case be heard?
Felonies are tried in Superior Court, and in Guilford County that means either the Greensboro or the High Point courthouse. The case usually starts in District Court for a first appearance and a probable cause hearing before moving up by indictment.
Talk to a Greensboro felony lawyer
Free consultation. Read us the charge and your court date.
Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539 · answered live, 24 hours
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This page explains North Carolina law in general terms as of October 2026. It is not legal advice about your case, and penalties and statutes change. Figures come from N.C.G.S. 14-1, 15A-1340.13, 15A-1340.14, 15A-1340.17 and 15A-1341, and the North Carolina Sentencing and Policy Advisory Commission felony punishment chart.