In North Carolina, sentencing for criminal convictions doesn’t just depend on the offense itself. Courts also look at a person’s criminal history to determine punishment. This is done through the Prior Record Level (PRL) point system, which assigns points based on past convictions. The higher your score, the harsher your potential sentence.
If you are facing charges in North Carolina, understanding how this system works is critical to understand your resolution in court.
Here’s a breakdown of the criminal history point system, how it affects your sentencing, and why having an experienced defense attorney is so important.
Sentencing in North Carolina
North Carolina uses a structured sentencing system for felony and misdemeanor cases. Structured sentencing creates consistency by using two factors:
- The seriousness of the offense (felony class or misdemeanor level).
- The defendant’s prior record level, which is determined by criminal history points, is also divided into felony and misdemeanor.
The combination of these two factors places the defendant in a sentencing range that guides judges on whether to impose community punishment, intermediate punishment (like probation with strict conditions), or active prison time.
How Criminal History Points Are Calculated
For felony convictions, points are assigned based on the type and severity of prior offenses. The points are then totaled to determine a Prior Record Level, ranging from Level I (lowest) to Level VI (highest).
Here’s the information reorganized into a clear tab format with one table for misdemeanors and another for felonies:
Misdemeanor Prior Conviction Levels
| Level | Prior Convictions | Notes |
| Level I | 0 prior convictions | Applies to first-time misdemeanor offenders |
| Level II | 1–4 prior convictions | Includes both prior felony and misdemeanor convictions |
| Level III | 5 or more prior convictions | Higher sentencing exposure |
Felony Prior Record Levels
| Prior Conviction Type | Points |
| Class A felony | 10 points |
| Class B1 felony | 9 points |
| Class B2, C, or D felony | 6 points |
| Class E, F, or G felony | 4 points |
| Class H or I felony | 2 points |
| Eligible misdemeanor convictions* | 1 point |
| Prior offense with all elements of current offense | 1 point |
| Offense committed while on probation, parole, post-release supervision, imprisonment, or escape | 1 point |
*Eligible misdemeanors include Class A1 and Class 1 nontraffic misdemeanors, DWI (G.S. 20-138.1), DWI in a commercial vehicle (G.S. 20-138.2), and misdemeanor death by vehicle (G.S. 20-141.4(a2)).
Felony Prior Record Levels
| Level | Points Range |
| Level I | 0–1 points |
| Level II | 2–5 points |
| Level III | 6–9 points |
| Level IV | 10–13 points |
| Level V | 14–17 points |
| Level VI | 18+ points |
Example of Point Calculation
Imagine someone facing a felony charge today with the following prior convictions:
- One Class H felony → 2 points
- One Class E felony → 6 points
- Two Class 1 misdemeanors → 2 points
Total: 10 points.
That places the person at Prior Record Level IV, which means significantly higher sentencing exposure compared to someone with no record.
Habitual Felon Status
In addition to points, North Carolina has a habitual felon law. If someone has three prior felony convictions, they can be sentenced as a habitual felon, which upgrades the current charge by four classes. For example, a Class H felony would be punished as a Class D felony. This can lead to far longer prison terms than the point system alone.
Criminal History Points for Misdemeanors
While felonies use Prior Record Levels, misdemeanors also factor in prior convictions. Judges consider the defendant’s record when deciding on sentencing ranges for misdemeanor cases, although the system is less complex than for felonies. Repeat misdemeanors can lead to tougher punishments, including jail time instead of fines or probation.
Why Criminal History Points Matter
The criminal history point system can dramatically affect sentencing outcomes:
- First-time offenders may be eligible for probation or reduced sentences.
- Repeat offenders face longer minimums and fewer alternatives to prison.
- Serious prior records can push sentencing into ranges where judges have little flexibility.
Even a low-level prior conviction that seemed minor at the time can add points and increase penalties years later.
Can Points Be Challenged?
Yes. An experienced defense attorney can sometimes challenge points to reduce your Prior Record Level. For example:
- A prior conviction may not be eligible to count under the statute.
- Out-of-state convictions may not match a North Carolina equivalent.
- Errors in recordkeeping or classification can inflate point totals.
Reducing your point total by even one level can make a big difference in whether you serve probation or prison time.
Don’t risk it; challenging might be a much more viable option than you might imagine. Contact a lawyer who can guide you and craft a strong defense plan.
Why You Need a Lawyer
Facing sentencing under North Carolina’s structured system is complex. Without legal help, you risk being punished more harshly than the law requires. A skilled attorney can:
- Review your criminal history for errors in point calculations
- Argue for the lowest possible sentencing range
- Seek alternatives such as treatment programs or probation
- Protect your rights and ensure fair sentencing
Going without a lawyer can be a costly mistake. Once sentenced, you may face years of consequences that could have been avoided with proper representation.
Key Takeaways
- North Carolina uses a criminal history point system to calculate Prior Record Levels for sentencing.
- Points are based on past convictions and range from Level I (least severe) to Level VI (most severe).
- Higher point totals mean harsher sentencing, with less chance for probation or community alternatives.
- Habitual felon laws can increase penalties even further.
- A defense attorney can review and challenge point calculations to protect you from unfair punishment.
If you are facing charges in North Carolina, your criminal history points could mean the difference between probation and prison. At Martine Law, our defense attorneys know how to fight sentencing enhancements and protect your future.