Greensboro trial lawyer Chad Garrett discusses Habitual Felon Laws and Habitual DWIs daily. Below is his chart used to teach other lawyers, prosecutors and judges about the law.
HABITUAL STATUS
Habitual Felon
- 3 prior felony convictions
- Sentenced at 4 classes higher than the underlying felony
BUT no higher than a class C felony punishment level
Habitual Misdemeanor Assault
- 2 or more prior felony or misdemeanor assaults within 15 years
AND
commits an assault with physical injury under N.C.G.S. 14-33
OR
an assault under N.C.G.S. 14-34
- Class H felony punishment.
Violent Habitual Felon
- 2 prior Class A-E felony convictions
- Life without parole
Habitual Breaking and Entering
- 1 prior Breaking and Entering conviction
- Sentenced as a Class E felony
Armed Habitual Felon
- One prior firearm related felony
- Sentenced as a Class C felony, mandatory 120 month minimum active sentence