North Carolina Criminal Defense Attorneys

Felony Statute of Limitations

No limit

No limit for felonies generally in North Carolina (one of the few states with no felony SOL); misdemeanor SOL applies to certain misdemeanor-graded offenses (N.C.G.S. § 15-1)

Misdemeanor Statute of Limitations

2 years

2 years for most misdemeanors (N.C.G.S. § 15-1)

Sentencing Structure

Structured Sentencing

Structured Sentencing Act (N.C.G.S. § 15A-1340) — Class A-I felonies, Class A1-3 misdemeanors; prior record level I-VI; Habitual Felon (§ 14-7.1) and Violent Habitual Felon (§ 14-7.7) enhancements

Expungement / Record Sealing

5 years

N.C.G.S. § 15A-145 to § 15A-152 (expunction) — Second Chance Act (2020) and amendments expanded eligibility; most non-violent misdemeanors after 5 years; certain felonies after 10; first-time non-violent offenders (§ 15A-145.5) broader

Bail / Pretrial Release

Bail

Bail under N.C.G.S. § 15A-531 et seq.; constitutional right to bail (N.C. Const. Art. I, § 27); pretrial release conditions encouraged over secured bonds

Typical attorney fee

Hourly

Hourly / Flat Fee

North Carolina uses the Structured Sentencing Act under N.C.G.S. § 15A-1340.10 et seq. — felonies are graded Class A (death or life without parole) through Class I (lowest), and misdemeanors are Class A1 (highest), 1, 2, 3. Sentencing depends on offense class and the defendant’s prior record level (I-VI). Murder First-Degree (Class A) is death-eligible (North Carolina retains the death penalty though executions have not occurred since 2006). North Carolina has Habitual Felon status under N.C.G.S. § 14-7.1 et seq. — four or more felonies makes the defendant a Habitual Felon, dramatically increasing exposure. Violent Habitual Felon status (§ 14-7.7) imposes life without parole. North Carolina Raise the Age legislation took effect December 1, 2019 — finally moving 16- and 17-year-olds out of adult court into juvenile jurisdiction for most offenses (N.C. was the last state to make this change). North Carolina has medical-only cannabis (very limited) — recreational marijuana remains illegal; possession of 0.5 oz or less is a Class 3 misdemeanor with no jail. Larger amounts escalate. North Carolina’s expunction framework under N.C.G.S. § 15A-145 to § 15A-152 was significantly expanded by Second Chance Act (2020) and subsequent legislation — many non-violent misdemeanors after 5 years, certain felonies after 10. North Carolina District Attorneys plea-bargain extensively.