What Is A Class H Felony in NC?

Larceny of pine straw, larceny of ginseng, and altering the brands of another’s livestock are all Class H felonies. Giving weapons to minors, false statements to procure an insurance policy, and trafficking between 28 and 200 grams of amphetamines (such as an ADHD drug) are also Class H felonies.

A Class H conviction in North Carolina carries an imprisonment sentence of five to twenty months in the presumptive (middle) range. However, just because you were charged with a Class H does not mean you will be sentenced this way. Many charges can be negotiated down; some can be dismissed completely. You should never try to handle any felony conviction on your own — you need a criminal defense lawyer.

What is the punishment for a Class H Felony?

The punishment for a Class H Felony ultimately depends on your criminal history. You could face up to 25 months for each count.

However, it is highly unlikely you will receive 25 months for each count for numerous reasons:

  • Your attorney will likely plea down the number of counts; or
  • Your attorney will ask the sentences run concurrent rather than consecutive (meaning the sentences run at the same time rather than follow each other); or
  • You will be eligible for a diversion program that allows you to complete treatment or community service or a combination of both for a dismissal; or
  • You receive credit for time served in jail; or
  • You are placed on probation; or
  • Your charge is dismissed completely.

Will I Be Indicted?

Maybe. A indictment simply means the State is bringing a formal charge against you. Your case will move up to Superior Court, which means you will have to appear once a month for an administrative check-in until your case is finished.

Plea deals are worked out in Superior Court, but also in District Court in Wake County. Felony cases are not tried in District Court; rather the case must be indicted for a trial.

Indictment Isn’t Always That Bad

Indictment means you now have a statutory right to discovery. In North Carolina, there is no statutory right to discovery in District Court, although many counties will provide it regardless depending on the charge.

Your attorney will thoroughly review discovery and let you know if you have any defenses or if there are any major defects with the State’s case that would be worthy of a trial or motions.

Have Raleigh Police, the Wake County Sheriff’s Office, or another department charged you with a Class H felony? Call 919-880-2124 for a free consultation on your options.

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