North Carolina has a number of habitual offender statutes. I’ve written about the habitual felon statute. In addition, there’s a habitual violent felon statute.
This statute operates as a sentencing enhancement to violent felonies. If someone has been convicted of 1 previous violent felony, and is now facing a second violent felony charge, that person is potentially liable to face a habitual felony charge, provided the second violent felony was committed after a conviction for the first.
Conviction of a habitual violent felony charge results in a life sentence without the possibility of parole (LWOP).
Here’s the statute:
§ 14-7.7. Persons defined as violent habitual felons.
(a) Any person who has been convicted of two violent felonies in any federal court, in a court of this or any other state of the United States, or in a combination of these courts is declared to be a violent habitual felon. For purposes of this Article, “convicted” means the person has been adjudged guilty of or has entered a plea of guilty
or no contest to the violent felony charge, and judgment has been entered thereon when such action occurred on or after July 6, 1967. This Article does not apply to a second violent felony unless it is committed after the conviction or plea of guilty or no contest to the first violent felony. Any felony to which a pardon has been extended shall not, for the purposes of this Article, constitute a felony. The burden of proving a pardon shall rest with the defendant, and this State shall not be required to disprove a pardon. Conviction as an habitual felon shall not, for purposes of this Article, constitute a violent felony.
(b) For purposes of this Article, “violent felony” includes the following offenses:
(1) All Class A through E felonies.
(2) Any repealed or superseded offense substantially equivalent to the
offenses listed in subdivision (1).
(3) Any offense committed in another jurisdiction substantially similar to the offenses set forth in subdivision (1) or (2).
Attorney Damon Chetson is a criminal lawyer Raleigh who helps people charged with serious felonies, misdemeanors, and DWI/DUI charges in state and federal courts in North Carolina. He can be reached day or night at (919) 352-9411.